Township of Washington, PA Principal Solar Energy System (PSES)

PSES shall comply with Chapter 310, Subdivision and Land Development, and Chapter 360, Zoning, of the Washington Township Code, including the submission and approval of a land development plan and conditional use approval. Any installation of a PSES shall be in compliance with all applicable permit requirements, codes, and regulations.

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 either on the premises where the PSES is constructed or at a centrally located permit posting site in the Township. Permits shall be posted throughout the duration of the construction activities.

The PSES owner and/or operator shall repair, maintain, and replace the PSES and related solar equipment during the term of the permit in a manner consistent with industry standards as needed to keep the PSES in good repair and operating condition.

No trees or other landscaping required under the Township Code or attached as a condition of approval of any plan, application, or permit may be removed for the installation or operation of a PSES without being replaced. However, trees or landscaping required by the Township Code or approval conditions may be located and trimmed in such as manner as to avoid shading the PSES.

The PSES 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 provide this number and name to the Township. The PSES owner and/or operator shall respond to the public's inquiries and complaints.

Decommissioning.

The PSES owner and/or operator 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.

The PSES owner shall have 12 months in which to dismantle and remove the PSES, including but not limited to all solar-related equipment, buildings, cabling, electrical components, roads, foundations and other associated facilities. If the owner fails to dismantle and/or remove the PSES within the established time frames, the Township may complete the decommissioning at the owner's expense. Access roads may remain in place if so desired by the property owner and such desire is expressed, in writing, to the Township.

At the time of issuance of the land use permit for the construction of the PSES, the owner shall provide financial security in a form and amount acceptable to the Township to secure the expense of dismantling and removing said PSES and restoration of the land to its original condition. The amount of said financial security shall be reviewed and approved by the Township Engineer. In addition, five years after the date of the initial deposit of said financial security, and every five years thereafter, the Township Engineer shall review the financial security to determine if said security needs to be increased or decreased. If a change in the amount of the financial security needs to be made, the owner/operator shall provide financial security in the amount required within 30 days after being notified by the Township.

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.

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

Principal solar energy systems must be installed by companies and/or teams which include key personnel who meet or exceed one of the following requirements:

Certified installers on the DEP's approved solar installer list;

Certification by the North American Board of Certified Energy Practitioners (NABCEP); or

Completion of an 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.

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

The owner of the PSES shall provide Washington Township written confirmation that the public utility company to which the principal solar energy system will be connected has been informed of the owner's intent to install a grid-connected system and approved of such connection. Off-grid systems shall be exempt from this requirement. This requirement shall be considered satisfied by the owner providing copies of interconnections reports from the grid operator.

No portion of the PSES 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 PSES, provided they comply with the prevailing sign regulations.

Glare.

All PSES shall be placed such that concentrated solar radiation or glare does not project onto nearby structures or roadways.

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.

Solar easements.

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

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 PSES.

Prior to the issuance of a land use permit, applicants must acknowledge, in writing, that the issuance of said permit for a PSES, 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:

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.

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

§ 280-6 Ground-mounted PSES.

Yard setbacks.

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

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

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

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

Impervious coverage.

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 impervious surfaces limitations.

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

Screening. Ground-mounted PSES 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 PSES 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 if the adjoining property owner excuses the screening requirement in writing, then the screening requirement shall not apply.

Ground-mounted PSES 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.

Security.

All ground-mounted PSES shall be completely enclosed by a minimum six-foot-high fence with a locking gate. The fencing style and material shall be approved by the Board of Supervisors at the conditional use hearing.

A clearly visible warning sign shall be placed at the base of all pad-mounted transformers and substations and on the access gate to the fence surrounding the PSES informing individuals of potential voltage hazards.

All electrical control devices associated with the PSES shall be locked to prevent unauthorized access or entry.

Access.

At a minimum, a ten-foot-wide access road must be provided from a state or Township roadway into the site, provided such access road is designed with an apron of adequate turning radii to permit large vehicle access.

At a minimum, a ten-foot-wide cartway shall be provided between the solar arrays to allow access. Cartway width is the distance between the bottom edge of a solar panel to the top edge of the solar panel directly across from it.