A.
Exceptions. 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 modifications to an existing PSES, whether
or not existing prior to the effective date of this chapter, that
materially alter the PSES shall require approval under this chapter.
Routine maintenance or like-kind replacements do not require a permit.
B.
Permit requirements.
(1)
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.
(2)
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.
(3)
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.
C.
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.
D.
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.
E.
Decommissioning.
(1)
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.
(2)
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.
(3)
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.
F.
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.
G.
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.
H.
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:
(1)
Certified installers on the DEP's approved solar installer list;
(2)
Certification by the North American Board of Certified Energy Practitioners
(NABCEP); or
(3)
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.
I.
All on-site utilities, transmission lines, and plumbing shall be
placed underground, unless reasonable cause is provided to justify
aboveground installations.
J.
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.
K.
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.
L.
Glare.
(1)
All PSES 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.
M.
Solar easements.
(1)
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.
(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 PSES.
N.
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:
A.
Yard setbacks.
(1)
The setbacks shall be 50 feet for front, rear and side setbacks.
(2)
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.
(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 PSES are subject to specified
maximum accessory structure height, if any.
C.
Impervious coverage.
(1)
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.
D.
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.
E.
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.
F.
Security.
(1)
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.
(2)
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.
(3)
All electrical control devices associated with the PSES shall be
locked to prevent unauthorized access or entry.
G.
Access.
(1)
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.
(2)
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.
(3)
Solar panels shall not extend into the cartway.
(4)
Access to the PSES shall comply with the access requirements in the
Subdivision and Land Development chapter of the Washington Township
Code.
H.
The ground-mounted PSES shall not be artificially lighted, except
to the extent required for safety or applicable federal, state, or
local authority.
I.
If a ground-mounted PSES is removed, any earth disturbance resulting
from the removal must be graded and reseeded.
A.
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.
B.
PSES mounted on the roof or wall of any building shall be subject
to the specified maximum height regulations, if any.
C.
Wall-mounted PSES shall comply with the specified setbacks for principal
structures, if any.
D.
Solar panels shall not extend beyond any portion of the roof edge.
Any owner/operator of a PSES shall submit to Township proof
that it has public liability insurance (including personal injury
liability) for at least $1,000,000 per individual and at least $2,000,000
per occurrence to cover any loss that may be incurred for or on account
of any matter, cause or thing arising out of the PSES. Proof of insurance
shall be a certificate of insurance and shall be provided to the Township
at the time of commencement of construction and every year thereafter.
A.
Violations of this chapter may be enforced as a summary offense in
accordance with Section 1601(c.1)(2) of the Second-Class Township
Code.[1] The maximum fine that shall be imposed for a violation
is $1,000. Each day that a violation exists and continues shall constitute
a separate offense.
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
B.
The Township may also enforce this chapter through an action in equity
brought in the Franklin County Court of Common Pleas.
C.
The Township shall be entitled to recover from any owner all costs
or fees arising out of or related to the civil enforcement of this
chapter. Such costs may also include those to remedy violations of
this chapter and abate nuisances. The costs shall include, but not
be limited to, engineer fees, attorney fees and staff/employee time.
The costs may be collected as a municipal claim under applicable law
against the property.
A.
Where, owing to special conditions, enforcement of the provisions
of this chapter would result in a hardship, the Board of Supervisors
may make such reasonable waivers thereto which are in accordance with
modern and evolving principles and are not contrary to the public
interest, so that the spirit of the chapter shall be observed and
substantial justice done.
B.
An application letter, along with all supporting data, for any waiver
shall be submitted to the Township, in writing, by the applicant.
The application letter shall state fully the grounds and all the relevant
facts regarding the situation. The Supervisors may require additional
details as part of their review.
C.
The Board of Supervisors shall make their decision at a public meeting
and record the action and grounds for granting or denying the waiver
in its minutes.