[HISTORY: Adopted by the Township Council of the Township
of Washington 10-20-2020 by Ord. No. 3-20. Amendments noted where
applicable.]
As used in this chapter, the following term shall have the meanings
indicated:
An area of land or other area used for a solar collection
system principally used to capture solar energy, convert it to electrical
energy or thermal power and supply electrical or thermal power primarily
for on-site use. An accessory solar energy system consists of one
or more freestanding ground- or roof-mounted solar arrays or modules,
or solar-related equipment, and is intended to primarily reduce on-site
consumption of utility power or fuels.
The individual or entity seeking approval for a solar energy
system pursuant to this chapter. The owner of the real property upon
which the solar energy system shall be erected, as well as the applicant,
shall be responsible for compliance with this chapter.
The proper placing, grading, construction, reinforcing, lining,
and covering of soil, rock or earth to ensure their resistance to
erosion, sliding or other movement.
A building or structure in which is conducted the principal
use of the lot on which the building or structure is located.
An area of land or other area used for a solar collection
system principally used to capture solar energy, convert it to electrical
energy or thermal power and supply electrical or thermal power primarily
for off-site use. Principal solar energy systems consist of one or
more freestanding ground- or roof-mounted solar collector devices,
solar-related equipment and other accessory structures and buildings,
including light reflectors, concentrators, and heat exchangers; substations;
electrical infrastructure; transmission lines and other appurtenant
structures.
Radiant energy (direct, diffuse and/or reflective) received
from the sun.
A solar photovoltaic cell, module, or array, or solar hot-air
or water collector device, which relies upon solar radiation as an
energy source for collection, inversion, storage, and distribution
of solar energy for electricity generation or transfer of stored heat.
SOLAR ARRAYA grouping of multiple solar modules with the purpose of harvesting solar energy.
SOLAR CELLThe smallest basic solar electric device which generates electricity when exposed to light.
SOLAR MODULEA grouping of solar cells with the purpose of harvesting solar energy.
The practice of grazing livestock on solar farms. Sheep are
the most common solar grazing animals, as they are the best-suited
species. For the safety of low-mount solar arrays, goats, cows, pigs,
and horses are not recommended.
Items including a solar photovoltaic cell, module, or array,
or solar hot-air or water collector device panels, lines, pumps, batteries,
mounting brackets, framing and possibly foundations or other structures
used or intended to be used for collection of solar energy.
A.
Regulations applicable to all accessory solar energy systems.
(1)
Accessory solar energy systems are a permitted use in all zoning
districts.
(2)
Section 150-60, Observance of performance standards, must be adhered to.
(a)
Exemptions.
[1]
ASES constructed prior to the effective date of this chapter
shall not be required to meet the terms and conditions of this chapter.
Any physical modification to an existing ASES, whether or not existing
prior to the effective date of this chapter, that materially alters
the ASES shall require approval under this chapter. Routine maintenance
or like-kind replacements do not require a permit.
(3)
The ASES layout, design and installation shall conform to applicable
industry regulations and with all applicable fire and life safety
requirements.
(4)
All on-site utility transmission lines less than 34.5 kV and plumbing
shall be placed underground to the greatest extent possible.
(5)
The ASES shall be designed to use the energy created primarily for
on-site use.
(6)
All solar energy systems should be designed and located to ensure
solar access without reliance on and/or interference from adjacent
properties.
(7)
All ASES shall be situated to eliminate concentrated glare onto nearby
structures or roadways.
B.
Roof-mounted and wall-mounted accessory solar energy systems.
(1)
A roof-mounted or wall-mounted ASES may be located on a principal
or accessory building.
(2)
ASES mounted on roofs or walls of any building shall be subject to
the maximum height regulations specified for buildings within each
of the applicable zoning districts.
(3)
Wall-mounted ASES shall comply with the building setbacks in the
applicable zoning districts.
(4)
Solar panels shall not extend beyond any portion of the roof edge.
(5)
The owner shall provide evidence certified by an appropriately licensed
professional that the roof is capable of holding the load of the ASES.
C.
Ground-mounted accessory solar energy systems.
(1)
Setbacks.
(a)
The minimum setbacks from side and rear property lines shall
be equivalent to the building setbacks in the applicable zoning district.
(b)
A ground-mounted ASES shall not be located in the required front
setback.
(c)
Ground-mounted ASES are prohibited in front yards unless unique
physical circumstances or conditions exist that preclude them from
being located in a side or rear yard. Such physical conditions may
include, but are not limited to, topography, restricted solar access
in other yards, other resource constraints, unusual situation of the
principal use on the parcel, etc.
(2)
Freestanding ground-mounted ASES solar panels shall not exceed 25
feet in height above the ground elevation surrounding the systems.
(3)
Coverage.
(a)
The area beneath the ground-mounted ASES is considered pervious
cover. However, use of impervious construction materials under the
system could cause the area to be considered impervious and subject
to stormwater planning.
(4)
Ground-mounted ASES shall not be placed within any legal easement
or right-of-way location, or be placed within any stormwater conveyance
system, or in any other manner that would alter or impede stormwater
runoff from collecting in a construed stormwater conveyance system.
(5)
If a ground-mounted ASES is removed, any earth disturbance as a result
of the removal of the ground-mounted solar energy system shall be
graded and returned to environmentally stable condition.
A.
Regulations applicable to all principal solar energy systems.
(1)
Principal solar energy systems are a conditional use in A-1, B-1,
C-1, I-1, and RC-1 Zoning Districts.
(2)
The project narrative, including the following: an overview of the
project, project location, the approximate generating capacity, the
number, representative types and heights of facilities to be constructed,
including their generating capacity, dimensions, and respective manufacturers,
and description of any ancillary facilities to the solar energy system.
(3)
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.
(4)
All PSES applications after the effective date of this chapter shall be required to meet the terms and conditions of the Washington Township Code, including but not limited to Chapter 112, Stormwater Management, Chapter 119, Subdivision and Land Development, and § 150-60, Observance of performance standards.
(5)
PSES constructed prior to the effective date of this chapter shall
not be required to meet the terms and conditions of this chapter.
Any physical modification to any existing PSES, whether or not existing
prior to the effective date of this chapter, that expands the PSES
shall require approval under this chapter. Routine maintenance or
replacements do not require a permit.
(6)
The PSES layout, design and installation shall conform to applicable
industry regulations, and with all other applicable fire and life
safety requirements.
(7)
All on-site utility transmission lines less than 34.5 kV and plumbing
shall be placed underground to the greatest extent feasible.
(8)
The owner of a PSES shall provide the Township written confirmation
that the public utility company to which the PSES will be connected
has been informed of the customer's intent to install a grid-connected
system.
(9)
If a PSES is being used as an accessory use for commercial or industrial
activity on another property, then the Township shall be informed
of the intent of the PSES.
(10)
Signage shall comply with the prevailing sign regulations.
(11)
All PSES shall be situated to eliminate concentrated glare onto
nearby structures or roadways.
(12)
All solar energy systems should be designed and located to ensure
solar access without reliance on and/or interference from adjacent
properties.
(13)
The PSES owner and/or operator shall maintain a phone number
throughout the life of the project for the Washington Township Code
Enforcement Officer to contact with inquiries and verified complaints.
The PSES owner and/or operator shall make reasonable efforts to respond
to the inquiries and complaints. A contact name, with knowledge of
the system, must be provided to Washington Township with updates due
to employee advancement or turnover.
B.
Ground-mounted principal solar energy systems.
(1)
Minimum lot size.
(a)
The PSES shall meet the lot size requirements of the applicable
zoning district.
(2)
Setbacks.
(a)
PSES shall comply with the following setback requirements:
[1]
Building setbacks of the applicable zoning districts, except
adjacent to any residential district (R-1, R-2, R-3) or parcel with
an existing residential structure, the solar panels must follow a
minimum fifty-foot setback while the fencing shall comply with the
setbacks of the underlying zoning district.
(b)
If the PSES occupies two or more adjacent properties, setbacks
between the adjacent properties shall be waived along the shared property
boundaries so that the PSES may be installed continuously and make
the most efficient use of the project area.
(4)
Impervious coverage.
(a)
According to the Pennsylvania DEP, the area beneath the ground-mounted
PSES is considered pervious cover. However, use of impervious construction
materials under the system could cause the area to be considered impervious
and subject to the overall lot coverage requirement.
(b)
Gravel of paved access roads servicing the PSES shall be considered
impervious coverage and calculated as part of the impervious coverage
limitations.
(5)
Screening and vegetation.
(a)
Street screening shall consist of slat fencing or shrubs, six feet to eight feet high when mature, that shall be planted every 15 feet of property abutting a public right-of-way. Shrubs shall be planted adjacent to or outside of the road right-of-way. Solar perimeter fence shall be placed between shrubs and solar panels. Reasonable modifications to these requirements may be requested through § 107-4C, Modifications, below.
(b)
Residential buffer screening may be slat fencing or a row of evergreen conifers or broadleaf evergreens spaced in accordance with the chosen species to achieve a continuous visual barrier reaching six feet to eight feet in height within two years of planting. Screening may be a combination of plantings and/or structures with prior approval by the Township. Reasonable modifications to these requirements may be requested through § 107-4C, Modifications, below.
(c)
Perimeter fence shall be placed between shrubs and solar panels.
(d)
Widespread use of herbicides to control ground cover growth
is prohibited.
(6)
Unless agreed to by the easement or right-of-way holder, ground-mounted
PSES shall not be placed within any legal easement or right-of-way
location, or be placed within any stormwater conveyance system, or
in any other manner that would alter or impede stormwater runoff from
collecting in a constructed stormwater conveyance system.
(7)
Security.
(a)
In accordance with NEC, all ground-mounted PSES shall be completely
enclosed by fencing with a locking gate. Current NEC code requires
a minimum six-foot-high fence with barbed wire or a seven-foot-high
fence.
(b)
A clearly visible warning sign shall be placed at the base of
all pad-mounted transformers and substations and on the fence surrounding
the PSES informing individuals of potential voltage hazards.
(8)
Access drives to solar inverter stations are required to allow for
maintenance and emergency management vehicles. A recommended minimum
cartway width is 12 feet.
(9)
If a ground-mounted PSES is removed, any earth disturbance as a result
of the removal of the ground-mounted solar energy system must be returned
to an environmentally stable condition.
C.
Solar grazing. Solar grazing with sheep is highly encouraged and
a preferred method of controlling ground cover growth. The Township
believes co-pasturing is very beneficial to maintain our rural character.
(1)
Benefits of solar grazing:
(a)
Farm income is more diversified and increases family farm viability.
(b)
Farmland conservation and keeps farmland in farm production.
(c)
Added visual benefit and aesthetics for the community.
(d)
Solar grazing contributes dairy, meat, and wool to the locally
sourced, renewable farm market.
(e)
With time, planning, and good management, sheep can do 90% to
100% of the vegetative maintenance work inside the fence, eliminating
the need for mowing and reducing emissions and costs.
(2)
Provide a water well for sheep if public water or reliable on-lot
water (steam or pond) is not available.
(3)
Seed fenced area with grazing-friendly seed mix, Fuzz & Buzz
seed mix or similar.
(4)
Where applicable, install fencing gates between adjoining solar parcels
for moving sheep and line up gates between separately fenced sections
of the arrays.
(5)
Allow your farmer to use portable low-voltage energizers and fences
or consider installing low (three-foot) interior fences to facilitate
best grazing/vegetation management.
(6)
Consider installing pipe fences and gates around inverter/transformer
pads.
(7)
Allow signs on road gates for sheep farmers to advertise their organic,
value-added products.
D.
Roof-mounted principal solar energy systems.
(1)
The owner shall provide evidence certified by an appropriately licensed
professional that the roof is capable of holding the load of the PSES.
(2)
PSES mounted on roofs of any building shall be subject to the maximum
height regulations specified for buildings within the applicable zoning
district.
E.
Local emergency services.
(1)
The applicant shall provide a copy of the project summary and site
plan to local emergency services, including paid or volunteer fire
department(s).
(2)
The applicant shall cooperate with emergency services to develop
and coordinate implementation of an emergency response plan for the
solar energy facility.
F.
Decommissioning.
(1)
An affidavit, or similar evidence, signed by the property owner and
the PSES facility owner affirming a lease agreement with a decommissioning
clause (or similar) and a successors and assigns clause. The decommissioning
clause must provide sufficient funds to dismantle and remove the PSES,
including all solar-related equipment or appurtenances related thereto,
including but not limited to buildings, electrical components, roads
and other associated facilities from the property. The successors
and assigns clause must bind those successors and assigns to the lease
agreement.
(2)
The PSES owner is required to notify the Township immediately upon
cessation or abandonment of the operation. The PSES shall be presumed
to be discontinued or abandoned if no electricity is generated by
such system for a period of 12 continuous months and the owner has
not initiated necessary remedial actions to return the PSES to a generating
state. If the PSES owner fails to dismantle and/or remove the PSES
within 18 months of cessation or abandonment, the Township may complete
the decommissioning at the property owner's expense. The PSES owner
must post a bond when the application for such a system is filed with
the Township, in an amount determined by the Township's Engineer,
to ensure the proper decommissioning.
(3)
During the operation of the facility, a new engineer's estimate
of cost for decommissioning shall be submitted every 10 years to the
Township. Upon approval of the estimated costs by the Township's
Engineer, a revised surety shall be provided to the Township in the
amount of 150% of the new estimate.
A.
Applications.
(1)
Permit applications shall document compliance with this chapter and
shall be accompanied by drawings showing the location of the solar
energy system on the building or property, including property lines.
Permits must be kept on the premises where the solar energy system
is located.
(2)
The permit shall be revoked if the solar energy system, whether new
or preexisting, is moved or otherwise altered, either intentionally
or by natural forces, in a manner which causes the solar energy system
not to be in conformity with this chapter. In the case of nonconformity
caused by natural forces, the owner shall have a maximum of 90 days
to initiate necessary remedial action to bring the system back in
conformance with this chapter.
(3)
The solar energy system must be properly maintained and be kept free
from all hazards, including, but not limited to, faulty wiring, loose
fastenings, being in an unsafe condition or detrimental to public
health, safety or general welfare.
(4)
For PSES systems, conditional use approval is required prior to obtaining
land development plan approval. The conditional use approval and land
development plan processes can be concurrent. All necessary stormwater
plan approval, E & S and NPDES permits must be approved prior
to receiving final Council approval of the land development plan.
An approved land development plan is required for application for
a zoning permit.
(5)
ASES systems for single-family residential use are exempt from the
land development process, but a zoning permit is required.
B.
Fees and costs.
(1)
The applicant shall pay all permit application fees and inspection
fees when seeking approval of a solar energy system under this chapter,
which fees shall be set by resolution.
(2)
The applicant shall, prior to receipt of an approved permit, sign
a Washington Township developers agreement and submit funds for a
developer's account which will reimburse the Township for any
actual fees or costs incurred arising out of or related to the application
(collectively the "costs"). The costs shall include, but not be limited
to, engineering and legal fees. Any funds remaining after project
completion shall be returned to the developer.
C.
Modifications. The Township may grant modification of the requirements
of one or more provisions of this chapter if the literal enforcement
will exact undue hardship because of peculiar conditions pertaining
to the property in question, provided that such modification will
not be contrary to the public interest and that the purpose and intent
of this chapter is observed. All requests for a modification shall
be in writing and shall state in full the grounds and facts of unreasonableness
or hardship on which the request is based, the provision or provisions
of this chapter involved and the minimum modification necessary.
D.
Enforcement.
(1)
Upon the receipt of a written complaint setting forth the existence
of unauthorized construction, modification, or use in violation of
this chapter, or other notice thereof, the Zoning and Code Enforcement
Officer that may be authorized by the Township Council shall cause
written notice to be given either by personal service or registered
or certified mail to the applicant of the property upon which the
violation exists to immediately cease the construction, modification
or the unauthorized use of the solar energy system. Such a written
notice shall be required to enforce the remedies set forth in this
section. However, the Township shall still be entitled to give a verbal
notice for defective systems as authorized above.
(2)
Upon failure of such applicant to comply as directed in said notice,
the Enforcement Officer, other municipal officials or solicitor may
appear on behalf of the Township and initiate legal proceedings to
enforce the provisions of this chapter before a District Magistrate.
(3)
Any applicant who or which shall violate or permit to be violated
the provisions of this chapter shall, upon being found liable therefor
in a civil enforcement proceeding brought by Washington Township before
a District Magistrate, pay a fine of not more than $1,000, plus all
court costs, including reasonable attorneys fees incurred by the Township
as a result thereof. No fine shall commence or be imposed, levied,
or be payable until the date of the determination of the violation
by a District Magistrate. Each day that a violation exists and is
continued shall constitute a separate offense, unless the District
Magistrate who determines that a violation has occurred further shall
determine that there was a good faith basis for the defendant to have
believed that there was no such violation, in which event there shall
be deemed to have been only one such violation until the fifth day
following the date of determination by such District Magistrate, and
thereafter every day shall constitute a separate offense.
(4)
In addition, the Township shall also be entitled to recover from
any applicant all the Township's costs or fees (collectively
the "costs") arising out of or related to the application or enforcement
of this chapter. Such costs may also include those to remedy violations
of this chapter or to abate nuisances. The costs shall include, but
not be limited to, engineer fees, geologist fees, attorney fees, Zoning
Officer fees, and staff/employee time. The costs may be collected
as a municipal claim under applicable law against the property upon
which the solar energy system, or portions thereof, is located.
A.
The provisions of this chapter shall be construed to the maximum
extent possible to further the purposes and policies set forth herein,
as consistent with applicable state statutes and regulations. If the
provisions of this chapter and state law are in conflict, then state
law shall prevail.
B.
It is the intention of the Township Council that the provisions of
this chapter are severable, and if any provisions of this chapter
shall be declared unconstitutional or invalid by the judgment or decree
of a court of competent jurisdiction, such unconstitutionality or
invalidity shall not affect any of the remaining provisions of this
chapter.
All prior ordinances that are inconsistent herewith are hereby
repealed to the extent of such inconsistency.
This chapter shall become effective five days after its enactment.
