[Added 4-8-2020 by Ord. No. 2-2020]
A private solar-energy facility that provides power for the principal use and/or accessory use of the property on which it is located and shall not be used for the generation of power for the sale of energy to other users shall be permitted as a use by right in all zoning districts, provided the following conditions are met:
A. 
A solar-energy system may be roof mounted or ground mounted.
(1) 
Roof mounted. A roof-mounted system may be mounted on a principal building or accessory building. A roof-mounted system, whether mounted on the principal building or accessory building, may not exceed the maximum principal building height or accessory building height specified for the building type in the underlying zoning district. In no instance shall any part of the solar-energy system extend beyond the edge of the roof.
(2) 
Ground mounted. A ground-mounted system shall not exceed the maximum building height for accessory buildings. The surface area of a ground-mounted system, regardless of the mounted angle, shall be calculated as part of the overall lot coverage. A ground-mounted system or system attached to an accessory building shall not be located within the required front yard setback. The minimum solar-energy-system setback distance from the property lines shall be equivalent to the building setback or accessory building setback requirement of the underlying zoning district.
B. 
A solar-energy system shall not be constructed until a building/zoning permit has been approved and issued.
(1) 
Construction of any facility shall comply with all rules, laws and regulations of the United States Federal Aviation Administration. Documentation of compliance shall be provided to the Township.
(2) 
All facilities shall comply with the Pennsylvania Uniform Construction Code and the regulations adopted by the Pennsylvania Department of Labor and Industry.
(3) 
All electrical components of facilities shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards.
(4) 
Facilities shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.
(5) 
Facilities shall not display advertising, except for reasonable identification of the facility owner.
(6) 
Power lines inside the fence line of the project shall be placed underground or out of sight.
A public solar-energy facility over an area of land or other area used to capture solar energy, convert it to electrical energy or thermal power and supply electrical or thermal power primarily for off-site use shall be permitted as a conditional use only in A1 Zoning Districts, provided the following conditions are met:
A. 
The applicant shall demonstrate through project planning and proposed mitigation that a proposed facility's visual impacts will be minimized for surrounding properties and the community. This may include, but not be limited to, information regarding site selection, facility design or appearance, buffering, and screening of ground-mounted electrical and control equipment.
B. 
Construction of any facility shall comply with all rules, laws and regulations of the United States Federal Aviation Administration. Documentation of compliance shall be provided to the Township.
C. 
To the extent applicable, all facilities shall comply with the Pennsylvania Uniform Construction Code and the regulations adopted by the Pennsylvania Department of Labor and Industry.
D. 
All electrical components of facilities shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards.
E. 
Facilities shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.
F. 
Facilities shall not display advertising, except for reasonable identification of the facility owner.
G. 
Power lines inside the fence line of the project shall be placed underground or out of sight.
H. 
The following project information shall be submitted to the Township for every proposed solar-energy facility:
(1) 
Project narrative including the following: an overview of the project, project location, the approximate generating capacity, number, representative types and heights of facilities to be constructed, including their generating capacity, dimensions, and a description of any ancillary facilities to the solar-energy system.
(2) 
An affidavit or similar evidence of agreement between the property owner and the solar-energy facility owner or operator demonstrating permission to apply for necessary permits for construction and operation of a solar-energy facility.
(3) 
Identification of the properties on which the proposed facility will be located and the properties adjacent to the proposed location.
(4) 
A site plan showing the planned location of each proposed solar-energy facility, property lines, setback lines, access roads and the location of any ancillary structures, including equipment, cabling, buildings, structures, transmission lines, and substations.
(5) 
A stormwater management plan must be submitted in accordance with regulations found in § 178-37 of the Township Code of Ordinances for subdivision and land development.
(6) 
A viewshed impact analysis illustrating views of the proposed facility from multiple angles.
(7) 
A design certification by a certified engineer consisting of the proposed foundation design and analysis of soil conditions.
I. 
Solar-energy facilities shall not exceed a maximum height of 15 feet, measured from ground level to the tallest point on the facility.
J. 
Preliminary and final land development approval is required for the construction of any solar-energy facility, except when such solar-energy facility is being developed as an accessory use for generating electricity to be consumed primarily on the parcel on which it located.
K. 
All solar-energy facilities and any associated accessory equipment (other than fencing and similar installations) shall comply with the following area, dimensional, and yard setbacks:
Table of Area, Dimensional and Yard Setbacks
Minimum Lot Area (square feet)
Minimum Lot Width (feet)
Minimum Front Setback (feet from right-of- way)
Minimum Side Yard (feet)
Minimum Rear Yard (feet)
Maximum Building Height (feet)
Maximum Lot Coverage
32,000
150
25
15
15
15
N/A
L. 
Secure perimeter fencing shall be installed around the solar-energy facility. The fencing shall be chain-link construction with a minimum of six feet in height.
M. 
Any areas of a solar-energy facility that are directly adjacent to a parcel containing an occupied residence (other than a residence the owner of which is a party to a lease, easement or other agreement with the owner of the solar-energy facility relating to the solar-energy facility) shall provide a suitable landscaped buffer area at least 10 feet in width of evergreen-type plants that shall be of a kind, or used in such a manner, so as to provide a continuous opaque screen within 36 months of commencement of operations in the area to be screened.
N. 
Removal. Any public solar-energy facility which has reached the end of its useful life or has been abandoned shall be removed. The owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations. The owner or operator shall notify the Code Enforcement Officer by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:
(1) 
Physical removal of all solar-energy systems, structures, equipment, security barriers and transmission lines from the site.
(2) 
Disposal of all solid and hazardous waste in accordance with local, state and federal waste disposal regulations.
(3) 
Stabilization or revegetation of the site as necessary to minimize erosion.
(4) 
Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, a public solar-energy facility shall be considered abandoned when it fails to operate for more than one year without having first obtained the written consent of the Code Enforcement Officer.
(5) 
At the time of approval, the applicant/developer for a public solar-energy facility shall submit a performance guarantee (in the form of a letter of credit or a bond) to be renewed yearly in the amount of 10% of the estimated demolition costs of the facility, such cost to be determined by an independent engineer, hired by the applicant, licensed in the Commonwealth of Pennsylvania and approved by the Township Engineer. Prior to the 15th anniversary of the issuance of the building permit, the applicant shall provide an updated estimate for the decommissioning of the project prepared by an independent engineer licensed in the Commonwealth of Pennsylvania and approved by the Township Engineer and shall adjust the amount of the performance guarantee (letter of credit or bond), to be renewed yearly, to be equal to 100% of the estimated demolition cost of the system. The owner or operator may apply to the Township for release of the guarantee at such time that it or its assigns remove the facility and associated abandoned structures, and such completed removal is found to be satisfactory by the Code Enforcement Officer.
(6) 
If the owner or operator of the public solar-energy system fails to remove the installation in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the Township retains the right to use the performance guarantee and all other available means to cause an abandoned, hazardous, or decommissioned public solar-energy facility to be removed.