[Ord. No. 2-2011, 4/12/2011]
As used in this Part, the following terms shall have the meanings indicated:
SOLAR ENERGY EQUIPMENT
A solar photovoltaic panel, solar hot air or hot. water panel collector device, or other type of energy system which relies upon solar radiation as a source for the generation of electricity or transfer of stored heat.
[Ord. No. 2-2011, 4/12/2011]
1. 
Freestanding solar energy equipment shall be permitted as an accessory use in any zoning district upon receipt of a permit from the Zoning Officer.
A. 
Exclusions from zoning permit requirement shall be the repair and replacement of existing solar energy equipment, provided that there is no expansion of the size or coverage area of the solar energy equipment.
[Ord. No. 2-2011, 4/12/2011]
An applicant who weeks to install solar freestanding energy equipment shall submit an application for a zoning permit, as provided by the Township. The application shall include photographs of the existing conditions of the property as well as renderings of the proposed solar energy equipment and a description of the screening to be provided for ground.
[Ord. No. 2-2011, 4/12/2011]
1. 
Upon receipt of a completed application for the installation of solar energy equipment, the Zoning Officer shall refer the application to the Township Planning Commission to review the application and either recommend approval of the solar energy equipment or recommend alternatives to the applicant within 30 days. Recommendations of the Planning Commission shall be advisory only and shall not be considered as grounds for approving or denying an application.
2. 
If the Planning Commission recommends approval of an application, the Zoning Officer shall issue a permit for the work if the application complies with the requirements of this section. If the Planning Commission recommends alternatives to the applicant, no permit shall be issued until the applicant formally acknowledges that he or she has received the recommendations of the Planning Commission.
3. 
Regardless of the action of the Planning Commission, the Zoning Officer shall have the authority to impose reasonable conditions to safeguard the public health, safety and welfare.
[Ord. No. 2-2011, 4/12/2011]
1. 
General. Ground-mounted solar energy equipment.
A. 
Solar energy equipment shall only be located in the side or rear yard of a property.
B. 
Ground-mounted solar energy equipment may not exceed a height of 10 feet above the ground.
C. 
Solar energy equipment must be substantially screened from public view (including adjacent properties and public rights-of-way) by fencing, plantings, or a combination thereof, as determined by the Zoning Officer.
D. 
All exterior electrical and/or plumbing lines must be in placed in a conduit and buried below the surface of the ground.
E. 
Solar energy equipment shall not block any required parking areas, sidewalks or walkways.
[Added by Ord. No. 3-2023, 7/18/2023]
Criteria for the use of freestanding solar energy equipment on lots or plots of land that in total consist of 20 acres or more are as follows:
A. 
Ground-Mounted Solar Energy Equipment: General.
(1) 
Freestanding solar panels shall be permitted on large lots or plots of ground consisting of 20 acres or more only in S-1 Zoning Districts.
(2) 
Ground-mounted solar energy equipment in large plots (20 acres or more) may not exceed a height of 25 feet above ground.
(3) 
A freestanding solar panel development comprised of a plot or lots consisting of 20 acres or more in total shall be considered development of a large solar energy system.
B. 
Permit Requirement and Application.
(1) 
No large solar energy system, or addition to an existing large solar energy system, shall be constructed or located within Sugarloaf Township unless a permit has been issued to the applicant of the solar energy systems under this section. All applications for a large solar energy system shall be considered a major/large land development, which shall meet the requirements of this section; as well as the Sugarloaf Township Subdivision and Land Development Ordinance (SALDO);[1] and shall be reviewed by the Luzerne County Planning Commission for recommendation, the Sugarloaf Township Planning Commission, and finally submitted for approval to the Township Supervisors.
[1]
Editor's Note: See Ch. 22, Subdivision and Land Development.
(2) 
The permit application or amended permit application shall be accompanied with a processing fee in the amount of $100 and submitted to the Township Zoning Officer.
(3) 
Any physical modification to an existing and permitted large solar energy system that materially alters the equipment shall require resubmission for a permit modification under this section, as well as requiring resubmission of a land development plan for such modifications that materially alter the equipment within large solar energy systems. Like-kind replacements shall not require a permit modification nor land development resubmission.
C. 
Design, Installation, Review Criteria, Certification and Compliance.
(1) 
Design Requirements. If the solar collection system occupies two or more adjacent properties, setbacks between the adjacent properties shall be waived along the shared contiguous property boundaries so that the solar collection system may be installed continuously and make the most efficient use of the project area.
(2) 
Height. Freestanding solar collection systems shall not exceed 25 feet in height.
(3) 
Code Compliance. Solar collection systems shall comply with all applicable building and electrical codes and be governed by the following:
(a) 
Installation.
1) 
To the extent applicable, the large solar energy system shall comply with the Pennsylvania Uniform Construction Code, Act 45 of 1999, as amended,[2] and the regulations adopted by the Department of Labor and Industry.
[2]
Editor's Note: See 35 P.S. § 7210.101 et seq.
2) 
The design of the solar energy system shall conform to applicable industry standards.
3) 
Interconnection related to the large solar energy systems, as defined by this section, shall use public rights-of-way or established utility corridors when reasonable. While a utility corridor may be used for more than one utility purpose, each utility or use should be negotiated with the landowner as a separate easement, right-of-way, or other agreement between the landowner and any other party and all owners of interest in the property. Nothing in this subsection is intended to conflict with the right of eminent domain.
4) 
The construction and installation of large solar energy systems may necessitate the importation of fill material which may result in the displacement of native material. The incidental generation of earthen spoils resulting from the construction and/or installment of a solar energy system and the removal of said material from the development site shall meet all local and state requirements.
(4) 
Review Criteria.
(a) 
In addition to the provisions of the Township's Subdivision and Land Development Ordinance,[3] a large solar energy system, as a permitted use, may be permitted upon application to the Sugarloaf Township Planning Commission and Sugarloaf Township Supervisors with review by the Luzerne County Planning Commission or any other regulatory agency, if applicable, for approval subject to the additional review criteria:
1) 
Shall determine that adequate measures have been undertaken by the proponent of the system to reduce the risk of accidents caused by hazardous materials.
2) 
As required by existing statutes, shall determine that the proposed system is not detrimental or injurious to the public health or safety, or to the character of the surrounding neighborhood.
3) 
Shall determine that the proposed system will not be unreasonably detrimental to the economic welfare of the Township and/or that it will not create excessive public cost for public services by finding that: (1) it will be adequately serviced by existing services such as highways, roads, police and fire protection, emergency response, and drainage structures, refuse disposal, water and sewers, or (2) that the applicant shall provide such services or facilities.
4) 
Shall consider industry standards, available technology, and proposed design technology for solar energy in promulgating conditions of approval.
5) 
No permit will be issued nor can any construction begin until the applicant has met all the requirements of the Sugarloaf Township Subdivision and Land Development Ordinance (SALDO).
[3]
Editor's Note: See Ch. 22, Subdivision and Land Development.
(5) 
Certification and Compliance.
(a) 
The Township must be notified of a change in ownership of a large solar energy system or a change in ownership of the property on which the system is located.
(b) 
The Township reserves the right to inspect any large solar energy system in order to ensure compliance with the section. Any cost associated with the inspections shall be paid by the owner/operator of the system within 30 calendar days from date of invoicing by the Township.
D. 
Decommissioning.
(1) 
The owner or operator of the large solar energy system or then owner of the land on which the system is located ("owner(s)/operator(s)/landowner(s)") shall complete decommissioning within 12 months after the end of the useful life of said system. Upon request of the owner(s)/operator(s)/landowner(s) or assigns, and for a good cause, the Zoning Officer may grant a reasonable extension of time at the Zoning Officer's sole discretion, and not to exceed three months in duration from the initial twelve-month period established above. The system will be presumed to be at the end of its useful life if no electricity or other form of power is generated for a continuous period of 12 months. All decommissioning expenses are the responsibility of the owner(s)/operator(s)/landowner(s).
(2) 
Decommissioning shall include the removal of panels, buildings, electrical components, and roads to a depth of 36 inches, as well as any other associated facilities. Any foundation shall be removed to a minimum depth of 36 inches below grade, or to the level of the bedrock if less than 36 inches below grade. Following removal, the location of any remaining foundation shall be identified on a map as such and recorded with the deed to the property with the County Recorder of Deeds.
(3) 
All access roads to the system shall be removed, cleared, and graded by the owner(s)/operator(s)/landowner(s), unless the landowner(s) requests, in writing, a desire to maintain the access road. The Township will not be assumed to take ownership of any access road unless through official action of the Township Supervisors for Deed of Dedication.
(4) 
The site and any disturbed earth shall be stabilized, graded, and cleared of any debris by the owner(s)/operator(s)/landowner(s) or their assigns. If the site is not to be used for agricultural practices following removal, the site shall be seeded to prevent soil erosion.
(5) 
In addition to the decommissioning requirements listed previously, the system shall also be subject to the following:
(a) 
If the owner(s)/operator(s)/landowner(s) fail to complete decommissioning within the period prescribed above, the Zoning Officer may designate a contractor to complete decommissioning with the expense thereof to be charged to the violator and/or to become a lien against the premises. The Township shall be authorized to use all means provided in law, including a municipal lien, to recover all costs of decommissioning. If the system is not owned by the landowner(s), a performance bond must be provided to the Township for the cost of decommissioning the system, as more fully set forth immediately hereinafter.
(b) 
An independent and certified professional engineer shall be retained by the Township to estimate the total cost of decommissioning ("decommissioning costs") with no regard to salvage value of the equipment, and the cost of decommissioning net salvage value of the equipment ("net decommission costs"). When determining this amount, the Township may also require an annual escalator or increase based on the Federal Consumer Price Index (or equivalent or its successor). Said estimates shall be submitted to the Township Zoning Officer after the first year of operation and every fifth year thereafter. The engineer's fees shall be paid by the owner(s)/operator(s)/landowner(s).
(c) 
The owner(s)/operator(s)/landowner(s) shall post and maintain decommissioning funds in an amount equal to or greater than net decommissioning costs. The decommissioning funds shall be posted and maintained with a bonding company or federal or state-chartered lending institution chosen by the owner(s)/operator(s)/landowner(s) posting the financial security. The bonding company or lending institution must be authorized to conduct such business and be approved by the Township.
(d) 
Decommissioning funds shall be in the form of a performance bond made out to Sugarloaf Township and tendered at the time of initial application.
(e) 
A condition of the bond shall be notification by the bond company to the Township Supervisors when the bond is about to expire or be terminated.
(f) 
Failure to keep the bond in effect while a large solar energy system is in place will be a violation of the permit. If a lapse in the bond occurs, Sugarloaf Township may take action up to and including requiring ceasing operation of the large solar energy system until the bond is reposted.
(g) 
The escrow agent shall release the decommissioning funds when the owner(s)/operator(s)/landowner(s) has demonstrated and the Township concurs that decommissioning has been satisfactorily completed, or upon written approval of the Township in order to implement the decommissioning plan.
(h) 
If the owner(s)/operator(s)/landowner(s) fail to complete decommissioning within the periods addressed previously, then the Township may take such measures as necessary to complete decommissioning. The entry into and 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 plan.
E. 
Setbacks, Restrictions and Easements.
(1) 
Large Solar Energy Systems.
(a) 
Shall provide a front setback of 100 feet, and rear and side setbacks of 75 feet, from any zoning district boundary line.
(b) 
Shall not be located within 50 feet of a public or private road right-of-way, nor within 50 feet from adjacent property lines that are not included in the solar development.
(c) 
A property owner or developer who has installed or intends to install a solar collection system shall be responsible for negotiating with other property owners in the vicinity for any necessary solar easement and shall record the easement with Luzerne County.
(d) 
Shall conceal solar collectors support structures, fixtures and piping where applicable.
F. 
Site Plan and Safety Requirements - Large Solar Energy Systems.
(1) 
Site Plan Drawing. All applications for a large solar energy system by permit shall be accompanied by a detailed site plan map that is drawn to scale and dimensioned, displaying the following information:
(a) 
Existing property features to include the following: property lines, physical dimensions of the property, total parcel size, land use, zoning district, contours, setback lines, right-of-way, public and utility easements, public roads, access roads (including width), sidewalks, non-motorized pathways, large trees and all buildings. The site plan must also include the adjoining properties as well as the location of all structures and utilities within 100 feet of the property.
(b) 
Location, size, and height of all proposed large solar energy systems, buildings, structures, ancillary equipment, underground utilities and their depth, security fencing, access roads (including width, composition, and maintenance plans), electrical substations, and other above-ground structures and utilities associated with the proposed large solar energy system.
(c) 
Additional details and information as required by the requirements of Sugarloaf or as requested by the Zoning Officer, Township Engineer, Township Solicitor, or Township Supervisors.
(2) 
Site Plan Documentation. The following documentation shall be included with the site plan:
(a) 
The contact information for the owner(s) and operator(s) of the system as well as contact information for all property on which the system is located.
(b) 
A copy of the lease, or recorded document, with the landowner(s) if the applicant does not own the land for the proposed system. A statement from the landowner(s) of the leased site that he/she will abide by all applicable terms and conditions of the use permit, if approved.
(c) 
Identification and location of the properties on which the proposed system will be located.
(d) 
The proposed number, representative types and height of each component of the system to be constructed; including their manufacturer and model, product specifications including total rated capacity, and a description of any ancillary facilities.
(e) 
Anticipated construction schedule.
(f) 
A copy of the maintenance and operation plan, including anticipated regular and unscheduled maintenance. Additionally, a description of the procedures that will be used to conduct maintenance, if applicable.
(g) 
Documented compliance with applicable local, state and national regulations including, but not limited to, all applicable safety, construction, environmental, electrical and communications requirements.
(h) 
Proof of applicant's liability insurance.
(i) 
Evidence that the utility company has been informed of the customer's intent to install an interconnected, customer-owned generator and that such connection has been approved. Off-grid systems shall be exempt from this requirement.
(j) 
Other relevant information as required by the Sugarloaf Township Subdivision and Land Development Ordinance[4] to ensure compliance with the requirements of this section.
[4]
Editor's Note: See Ch. 22, Subdivision and Land Development.
(k) 
A written description of the anticipated life of the large solar energy system; estimated cost of decommissioning; the method of ensuring that funds will be available for decommissioning and site restoration; and removal and restoration procedures and schedules that will be employed if the system becomes inoperative or non-functional.
(l) 
A decommissioning plan that will be carried out at the end of the large solar energy system's useful life and shall describe any agreement with the landowner(s) regarding equipment removal upon termination of the lease.
(m) 
The Township reserves the right to review all maintenance plans and bonds under this section to ensure that all conditions of the permit are followed.
(n) 
Signature of the applicant.
G. 
Additional Site Plan Requirements. In addition to the site plan requirements listed previously, the large solar energy system shall also be subject to the following:
(1) 
A site grading, erosion control and stormwater drainage plan shall be submitted to the Luzerne County Conservation District and Pennsylvania Department of Environmental Protection. These plans shall also be reviewed by the Township's engineering firm. The cost of this review will be the responsibility of the applicant.
(2) 
A statement indicating what hazardous materials will be used and stored on the site.
(3) 
A study assessing any potential impacts on the natural environment including, but not limited to, assessing the potential impact on endangered species, eagles, birds and/or wildlife, wetlands and fragile ecosystems. The study shall conform to state and federal wildlife agency recommendations based on local conditions.
(4) 
Use of Public Roads.
(a) 
The applicant shall identify all state and local public roads to be used within the Township to transfer equipment and parts for construction, operation or maintenance of the system.
(b) 
The Township may require the applicant to bond the road(s) in compliance with state regulations.
(c) 
The applicant shall demonstrate that it has appropriate financial assurance to ensure the prompt repair of damaged roads to the satisfaction of the Township Solicitor.
(d) 
Access Driveway. Each major solar energy system shall require the construction of a private road to offer an adequate means by which the Township may readily access the site in the event of an emergency.
(5) 
Glare.
(a) 
Large solar energy systems should be placed so that concentrated solar radiation or glare does not project onto nearby properties, structures, buildings and roadways.
(b) 
The Township may require a glare and glint study report from the latest version of the ForgeSolar GlareGauge tool, or equivalent, which shall be provided to the Township by a registered professional consultant as defined in the Township's Subdivision and Land Development Ordinance, § 22-201, Terminology. As such, the observation points shall be determined in coordination with the Township.
(6) 
Maximum Impervious Coverage.
(a) 
As set forth in Schedule I, Building Regulations for the S-1 Zoning District, in this chapter, the maximum impervious coverage should include areas which are considered impervious surfaces and associated with the solar energy system. Surfaces that prevent the percolation of water into the ground, such as pile foundations and access roads, are considered impervious coverage and shall not exceed the maximum allowable in the S-1 Zoning District.
H. 
As-Built Plan.
(1) 
Following the completion of construction, the applicant shall certify that all construction is completed pursuant to the permit. Applicant shall provide an as-built plan as required by the Sugarloaf Township Subdivision and Land Development Ordinance.[5]
[5]
Editor's Note: See Ch. 22 Subdivision and Land Development.
I. 
Safety Requirements - Large Solar Energy Systems.
(1) 
If the system is connected to a public utility system for net metering purposes, it shall meet the requirements for interconnection and operation set forth in the public utility's then-current service regulations applicable to solar power generation facilities, and the connection shall be inspected by the appropriate public utility.
(2) 
Security measures need to be in place to prevent unauthorized trespass and access. All access doors to electrical equipment shall be locked and/or fenced as appropriate, to prevent entry by non-authorized person(s).
(3) 
All spent lubricants, cooling fluids, and any other hazardous materials, shall be properly and safely removed in a timely manner and disposed of in accordance with current DEP regulations.
(4) 
Each system shall have a minimum of one sign, not to exceed two square feet in area, posted on the security fence if applicable. The sign shall contain at least the following:
(a) 
Warning-high voltage.
(b) 
Manufacturer and owner/operator's name.
(5) 
To the extent applicable, the system shall comply with the Pennsylvania Uniform Construction Code, 34 Pa. Code, Chapters 401 to 405.
J. 
Natural Resources and Historic Sites. No large solar energy system shall be located less than 50 feet from any important bird area or migration corridor, historic site or streams or public water supply sources. No large solar energy system shall be located less than 25 feet from National Wetland Inventory wetlands.
K. 
Large solar energy system as a second principal use shall be permitted on a property with an existing principal use subject to the following standards:
(1) 
A solar energy system is permitted on a property with an existing use subject to the following standards:
(2) 
The minimum lot area, minimum setbacks and maximum height required by this section for the solar energy system and support structure shall apply; and, the land remaining for accommodation of the existing principal use(s) on the lot shall also continue to comply with the minimum lot area, density and other requirements.
(3) 
Vehicular access to a large solar energy system shall, whenever feasible, be provided along the circulation driveways of the existing use.
(4) 
The applicant shall present documentation that the owner of the property has granted an easement filed of record or other legal interest for the land for the proposed solar system and that vehicular access is provided to the facility.
L. 
Minimum Lot Size. The following minimum lot size requirements shall apply:
(1) 
Large solar energy system: 20 acres.
M. 
Parking. If the large solar energy system site is fully automated, adequate parking shall be required for maintenance workers. If the site is not automated, the number of required parking spaces shall be equal to the number of people on the largest shift plus overflow spaces equal to 20% of the required spaces based on the number of employees, but not less than two.
N. 
Licenses; Other Regulations. The applicant shall demonstrate that the required permits and licenses from the Pennsylvania Department of Environmental Protection, and other agencies have been obtained.
O. 
Liability Insurance. The applicant shall provide the Township with proof of annual renewal prior to expiration and the insurance to be provided shall name the Township as an additional insured for a large solar energy system shall submit a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the solar energy system. The applicant shall provide the Township with proof of annual renewal prior to expiration.
P. 
Landscaping. Existing vegetation on and around the site shall be preserved to the greatest extent possible without restricting solar access. Consideration should be given to utilizing existing vegetation as an element in the application of buffer yards. The applicant shall be bound by the provision of the Subdivision and Land Development Ordinance relative to buffering if additional buffering is required pursuant to the opinion of the Township Engineer.
Q. 
Soil Erosion and Sedimentation Control: Stormwater Management. If applicable, all earth disturbances shall comply with the soil erosion and sedimentation control requirements of the Luzerne Conservation District and the Pennsylvania Department of Environmental Protection. A stormwater management plan and stormwater management facilities shall be provided for all large solar energy systems in accord with the Township's current stormwater management requirements.
R. 
Fire Control/Local Emergency Services. The applicant shall provide a project summary and site plan including details about any fire suppression system proposed for any large solar energy system or structure. The plan shall be provided to the applicable fire company for review.
S. 
Solar Access. A property owner or developer who has installed or intends to install a solar collection system shall be responsible for negotiating with other property owners in the vicinity for any necessary solar easement and shall record the easement with the Clerk of the Court.
T. 
Fees. Permit application processing fee: $100. Disputes between the applicant and the Township regarding fees shall be settled pursuant to § 503(1) and 510(g) of the Pennsylvania Municipalities Planning Code, as amended.[6]
[6]
Editor's Note: See 53 P.S. §§ 10503(1) and 10510(g), respectively.
U. 
Remedies.
(1) 
It shall be unlawful for any person, firm or corporation to violate or fail to comply with or take any action which is contrary to the terms of this section, or any permit issued under this section, or cause another to violate or fail to comply, or take action which is contrary to the terms of the ordinance, or any permit issued under this section.
(2) 
This section shall be enforced by the Township's Zoning Officer. If the Zoning Officer determines that a violation of this section or the permit has occurred, the Zoning Officer shall provide written notice to any person, firm or corporation alleged to be in violation of this section or permit (an enforcement notice). If the alleged violation does not pose an immediate threat to public health or safety, the Township and parties shall engage in good faith negotiations to resolve the alleged violation. Such negotiations shall be conducted within 30 days of the notice of violation.
(3) 
If after 30 days of the notice of violation, the Zoning Officer determines, in its discretion, that the parties have not resolved the alleged violation, the Township may institute civil enforcement proceedings or any other remedy at law to ensure compliance with this section or permit consistent with the mandates of the Commonwealth's Second Class Township Code. Specifically, any person, firm, or corporation who shall violate any provision of this section, upon conviction thereof, in an action brought before a Magisterial District Judge in a manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs, and in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this section continues, which shall be found to have been violated, shall constitute a separate offense.
V. 
Inconsistent Ordinances Repealed. All provisions of Ordinance Number 2 of 2011 not otherwise amended herein, are hereby re-ratified and shall remain subject to enforcement unchanged. However, any ordinance or part of any ordinance that may be in conflict with the provisions of this amending ordinance shall be, and is hereby repealed, insofar as the same may be in conflict with this section amendment only to the extent of such conflict.
W. 
Severability. If any sentence, clause, section, or part of this amending Ordinance or the original Ordinance of 2011 is for any reason found to be unconstitutional, illegal, or invalid, such unconstitutionality, illegality, or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections, or parts of this section. It is hereby declared as the intent of the Board of Supervisors that this section would have been adopted as if such unconstitutional, illegal, or invalid sentence, clause, section, or part thereof, had not been included herein.
X. 
When Effective. This section shall take effect immediately upon adoption by the Board of Supervisors of the Township of Sugarloaf.