Township of Washington, PA Article II Accessory Solar Energy Systems (ASES)

§ 280-2 Regulations applicable to all ASES.

A. Any ASES that has a power rating greater than 15 kW must comply with the requirements of Article III, Principal Solar Energy Systems.

B. Exemptions.

(1) Any ASES with an aggregate collection and/or focusing area of 10 square feet or less is exempt from this chapter.

(2) Any 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 that materially alters the ASES shall require approval under this chapter. Routine maintenance or like-kind replacements do not require a permit.

C. Permit requirements.

(1) Land use permit applications shall document compliance with this chapter and shall be accompanied by drawings showing the location of the system on the building or property, including property lines. Permits must be kept on the premises where the ASES is constructed.

(2) The ASES 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 otherwise detrimental to public health, safety, or general welfare.

(3) The land use permit shall be revoked if the ASES is moved or otherwise altered, either intentionally or by natural forces, in a manner which causes the ASES not to be in conformity with this chapter after the owner/operator is given notice and fails to correct the defect.

D. Decommissioning.

(1) Each ASES and all solar-related equipment shall be removed within 12 months of the date when the use has been discontinued or abandoned by the system owner and/or operator, or upon termination of the useful life of same.

(2) The ASES shall be presumed to be discontinued or abandoned if no electricity is generated by such solar collector for a period of 12 continuous months.

(3) Any ASES owner shall, at the request of the Township, provide information concerning the amount of energy generated by the ASES in the last 12 months.

E. The layout, design, installation and ongoing maintenance shall conform to applicable industry standards and shall comply with the PA Uniform Construction Code,[1] as enforced by Washington Township, and with all other applicable fire and life safety requirements. The manufacturer specifications for the key components of the system shall be submitted as part of the application.

[1] Editor's Note: See 35 P.S. § 7210.101 et seq.

F. Upon completion of installation, the ASES shall be maintained in good working order in accordance with standards of the Washington Township codes under which the ASES was constructed.

G. ASES installers must certify they meet or exceed one of the following requirements:

(1) A certified installer on the DEP's approved solar installer list.

(2) Certification by the North American Board of Certified Energy Practitioners (NABCEP).

(3) Completion of the Interstate Renewable Energy Council (IREC) Institute for Sustainable Power Quality (ISPQ) accredited photovoltaic (PV) training program or a PV manufacturer's training program and successfully installed a minimum of three PV systems.

(4) A registered home improvement contractor with the PA Attorney General's Office.

H. All on-site utilities, transmission lines, and plumbing shall be placed underground, unless reasonable cause is provided to justify aboveground installations.

I. The owner of a grid-connected ASES shall provide Washington Township written confirmation that the public utility company to which the ASES will be connected has been informed of the owner's intent to install a grid-connected system and that the public utility company has approved of such connection. Off-grid systems shall be exempt from this requirement.

J. No portion of the ASES shall contain or be used to display advertising. The manufacturer's name and equipment information or indication of ownership shall be allowed on any equipment of the ASES, provided they comply with the prevailing sign regulations.

K. Glare.

(1) All ASES shall be placed such that concentrated solar radiation or glare does not project onto nearby structures or roadways.

(2) The applicant has the burden of proving that any glare produced does not have significant adverse impact on neighboring or adjacent uses either through siting or mitigation.

L. Solar easements.

(1) An owner of an ASES may enter into solar easements with surrounding property owners if, in the opinion of an ASES owner and/or operator, a solar easement is required.

(2) Said easements shall be in writing, and copies of all existing or proposed solar easements shall be submitted to the Township with the land use permit application for the ASES.

M. Prior to the issuance of a land use permit, applicants must acknowledge, in writing, that the issuance of said permit for an ASES, except as agreed to, in writing, by the applicable parties, 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 the development of adjoining or other property or the growth of any trees or vegetation on such property.

(2) The right to prohibit the development on or growth of any trees or vegetation on such property.

§ 280-3 Roof- or wall-mounted ASES.

A. A roof-mounted or wall-mounted ASES may be located on a principal or accessory building.

B. ASES mounted on the roofs or walls of any building shall be subject to the maximum height regulations specified for principal and accessory buildings.

C. Wall-mounted ASES shall comply with the setbacks for principal and accessory structures in the underlying districts.

D. Solar panels shall not extend beyond any portion of the roof edge.

E. For roof- and wall-mounted systems, the applicant shall provide evidence that the plans comply with the Uniform Construction Code and that the roof or wall is capable of holding the load imposed on the structure.

§ 280-4 Ground-mounted ASES.

A. Yard setbacks.

(1) The setbacks shall be 50 feet for front, rear and side setbacks.

(2) If an adjoining property has a ground-mounted ASES, then the setback requirement may be waived, in writing, by mutual agreement of the property owners.

(3) If an adjoining property is used as a PSES, then there is no setback requirement along the border with that property.

B. Height. Freestanding ground-mounted ASES are subject to specified maximum accessory structure height, if any.

C. Impervious coverage.

(1) 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 the impervious surfaces limitations.

(2) The applicant shall submit a stormwater management plan that demonstrates compliance with Chapter 295, Stormwater Management, of the Washington Township Code.

D. Screening. Ground-mounted ASES shall be screened from adjoining uses. The screening shall consist of coniferous and/or deciduous trees and shall be planted in such a manner that they will reasonably screen the ASES from the view of adjoining property owners. Said trees shall be a minimum of six feet tall at planting and shall be replaced within six months of death. However, if an adjoining property is used as a PSES or has ground-mounted ASES, or if the adjoining property owner excuses the screening requirement in writing, then the screening requirement shall not apply.

E. Appropriate safety/warning signage concerning voltage shall be placed at ground-mounted electrical devices, equipment, and structures. All electrical control devices associated with the ASES shall be locked to prevent unauthorized access or entry.

F. Ground-mounted ASES shall not be placed within any legal easement or right-of-way location or 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.