[HISTORY: Adopted by the Board of Supervisors of the Township
of Metal as indicated in article histories. Amendments noted where
applicable.]
[Adopted 8-5-2021 by Ord. No. 2021-01]
The following definitions shall apply to this article:
An area of land or other area used for a solar collection
system 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 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 area of a road or other street within which vehicles
are permitted, including travel lanes, but not including shoulders,
curbs, gutters, sidewalks, or drainage swales.
The Pennsylvania Department of Environmental Protection.
The effect produced by light with an intensity sufficient
to cause annoyance, discomfort, or loss in visual performance and
visibility.
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.
The main or primary use of land or structures.
A right, expressed as an easement, restriction, covenant,
or condition contained in any deed, contract, or other written instrument
executed by or on behalf of any landowner for the purposes of ensuring
adequate access to direct sunlight for solar energy systems.
A device or design feature or features, a substantial purpose
of which is to provide for the collection, storage, and distribution
of solar energy for space heating or cooling, electricity generation,
or water cooling.
That part or portion of a solar energy system containing
one or more receptive cells or modules, the purpose of which is to
convert solar energy for use in space heating or cooling, for water
heating and/or for electricity.
Items including a solar photovoltaic cell, module, panel
or array, or solar hot-air or -water collector device panels, lines,
pumps, batteries, mounting brackets, framing and possibly foundations
or other structures used for or intended to be used for collection
of solar energy.
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.
A.
Regulations Applicable to all ASES.
(1)
ASES that have a maximum power rating of not greater than 15 kW shall be permitted. ASES that have a power rating greater than 15 kW shall comply with the requirements of § 11-3, Principal solar energy systems (PSES).
(2)
Exemptions.
(a)
ASES with an aggregate collection and/or focusing area of 10
square feet or less are exempt from this article.
(b)
ASES constructed prior to the effective date of this article
shall not be required to meet the terms and conditions of this article.
Any physical modification to an existing ASES, whether or not existing
prior to the effective date of this article, that materially alters
the ASES shall require approval under this article. Routine maintenance
or like-kind replacements do not require a permit.
(3)
Permit requirements.
(a)
Land use permit applications shall document compliance with
this article 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.
(b)
The land use permit shall be revoked if the ASES, whether new
or preexisting, 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 article.
(c)
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 detrimental to public health, safety,
or general welfare.
(4)
Decommissioning.
(a)
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.
(b)
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.
(c)
The 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.
(5)
The layout, design, installation and ongoing maintenance shall conform
to applicable industry standards, such as those of the American National
Standards Institute (ANSI), Underwriters' Laboratories (UL),
the American Society for Testing and Materials (ASTM), Institute of
Electrical and Electronics Engineers (IEEE), Solar Rating and Certification
Corporation (SRCC), Electrical Testing Laboratory (ETL), Florida Solar
Energy Center (FSEC), or other similar certifying organizations, and
shall comply with the PA Uniform Construction Code as enforced by
Metal 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.
(6)
Upon completion of installation, the accessory solar energy system
shall be maintained in good working order in accordance with standards
of the Metal Township codes under which the accessory solar energy
system was constructed.
(7)
Accessory solar energy system installers must certify they are listed
as a certified installer on the DEP's approved solar installer
list, or that they meet the criteria to be a DEP-approved installer
by meeting or exceeding one of the following requirements:
(a)
Certification by the North American Board of Certified Energy
Practitioners (NABCEP).
(b)
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 having successfully installed a minimum of three PV systems.
(c)
A registered home improvement contractor with the PA Attorney
General's Office.
(8)
All on-site utilities, transmission lines, and plumbing shall be
placed underground.
(9)
The owner of a grid-connected ASES shall provide Metal Township written
confirmation that the public utility company to which the accessory
solar energy system 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.
(10)
No portion of the accessory solar energy system 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 accessory solar energy system, provided it complies with the
prevailing sign ordinances, resolutions, or regulations.
(11)
Glare.
(a)
All accessory solar energy systems shall be placed such that
concentrated solar radiation or glare does not project onto nearby
structures or roadways.
(b)
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.
(12)
Solar easements.
(a)
An owner of an ASES may enter into solar easements with surrounding
property owners. Said easements shall be in writing and shall be subject
to the same conveyance and instrument recording requirements as other
easements. Copies of all existing or proposed solar easements shall
be submitted to the Township with the land use permit application
for the ASES. Copies of any subsequent solar easements shall be submitted
to the Township within 30 days of execution of that easement.
(b)
Any such easements shall be appurtenant, shall run with the
land benefited and burdened, and shall be defined and limited by conditions
stated in the instrument of conveyance. Instruments creating solar
easements shall include, but not be limited to:
[1]
A description of the dimensions of the easement, including vertical
and horizontal angles measured in the degrees or the hours of the
day, on specified dates, during which direct sunlight to a specified
surface or structural design feature may not be obstructed.
[2]
Restrictions on the placement of vegetation, structures and
other objects which may impair or obstruct the passage of sunlight
through the easement.
[3]
Terms and conditions, if any, under which the easement may be
revised or terminated.
[4]
Compensation for the owner of the real property subject to the
solar easement for maintaining the easement and for the owner of the
real property benefiting from the solar easement in the event of interference
with the easement.
(c)
If required, an accessory solar energy system owner and/or operator
must obtain any solar easements necessary to guarantee unobstructed
solar access by separate civil agreement(s) with adjacent property
owner(s).
(13)
Prior to the issuance of a land use permit, applicants must acknowledge,
in writing, that the issuance of said permit for a solar energy system
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 following:
B.
Roof-mounted and wall-mounted ASES.
(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 ordinances, resolutions, or regulations specified
for principal and accessory buildings.
(3)
Wall-mounted ASES shall comply with the setbacks for principal and
accessory structures in the underlying districts.
(4)
Solar panels shall not extend beyond any portion of the roof edge.
(5)
Roof-mounted solar panels shall be located only on rear- or side-facing
roofs as viewed from any adjacent street unless the applicant demonstrates
that, due to solar access limitations, no location exists other than
the street-facing roof where the solar energy system can perform effectively.
(6)
For roof- and wall-mounted systems, the applicant shall provide evidence
that the plans comply with the Uniform Construction Code and adopted
building code of the Township and that the roof or wall is capable
of holding the load imposed on the structure.
C.
Ground-mounted ASES.
(2)
Height. Freestanding ground-mounted ASES shall not exceed the specified
maximum accessory structure height, if any.
(3)
Impervious 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 the impervious surface limitations.
(b)
The applicant shall submit a stormwater management plan that
demonstrates compliance with the Metal Township Stormwater Management
Ordinance.
(4)
Screening. Ground-mounted ASES shall be screened from adjoining residential
uses. The screening shall consist of coniferous and/or deciduous trees
and shall be planted in such a manner that it screens 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.
(5)
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.
(6)
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 constructed stormwater conveyance system.
A.
Regulations applicable to all PSES.
(1)
Exceptions. PSES constructed prior to the effective date of this
article shall not be required to meet the terms and conditions of
this article. Any physical modification to an existing PSES, whether
or not existing prior to the effective date of this article, that
materially alters the PSES shall require approval under this article.
Routine maintenance or like-kind replacements do not require a permit.
(2)
Permit requirements.
(a)
PSES shall comply with the Metal Township Subdivision and Land
Development Ordinance,[1] including the submission and approval of a land development
plan. The installation of PSES shall be in compliance with all applicable
permit requirements, codes, ordinances, resolutions, and regulations.
(b)
Land use permit applications shall document compliance with
this article 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 PSES is constructed.
(c)
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.
(3)
No trees or other landscaping otherwise required by the Township
ordinances or attached as a condition of approval of any plan, application,
or permit may be removed for the installation or operation of a PSES.
(4)
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.
(5)
Decommissioning.
(a)
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.
(b)
The PSES owner shall then have 12 months in which to dismantle
and remove the PSES, including all solar-related equipment or appurtenances
related thereto, including, but not limited to, buildings, cabling,
electrical components, roads, foundations and other associated facilities,
from the property. 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.
(c)
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, including forestry plantings of the same type/variety and
density as the original. The amount of said financial security shall
be determined 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.
(6)
The layout, design, installation and ongoing maintenance shall conform
to applicable industry standards, such as those of the American National
Standards Institute (ANSI), Underwriters' Laboratories (UL),
the American Society for Testing and Materials (ASTM), Institute of
Electrical and Electronics Engineers (IEEE), Solar Rating and Certification
Corporation (SRCC), Electrical Testing Laboratory (ETL), Florida Solar
Energy Center (FSEC) or other similar certifying organizations, and
shall comply with the PA Uniform Construction Code as enforced by
Metal 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.
(7)
Upon completion of installation, the principal solar energy system
shall be maintained in good working order in accordance with standards
of the Metal Township codes under which the principal solar energy
system was constructed.
(8)
Principal solar energy system installers must certify they are listed
as a certified installer on DEP's approved solar installer list,
or that they meet the criteria to be a DEP-approved installer by meeting
or exceeding one of the following requirements:
(a)
Certification by the North American Board of Certified Energy
Practitioners (NABCEP).
(b)
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 having successfully installed a minimum of three PV systems.
(9)
All on-site utilities, transmission lines, and plumbing shall be
placed underground.
(10)
The owner of the PSES shall provide Metal 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.
(11)
No portion of the principal solar energy system 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 principal solar energy system, provided it complies with the
prevailing sign ordinances, resolutions, or regulations.
(12)
Glare.
(a)
All principal solar energy systems shall be placed such that
concentrated solar radiation or glare does not project onto nearby
structures or roadways.
(b)
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.
(13)
Solar easements.
(a)
An owner of a PSES may enter into solar easements with surrounding
property owners. Said easements shall be in writing and shall be subject
to the same conveyance and instrument recording requirements as other
easements. Copies of all existing or proposed solar easements shall
be submitted to the Township with the land use permit application
for the PSES. Copies of any subsequent solar easements shall be submitted
to the Township within 30 days of execution of that easement.
(b)
Any such easements shall be appurtenant, shall run with the
land benefited and burdened, and shall be defined and limited by conditions
stated in the instrument of conveyance. Instruments creating solar
easements shall include, but not be limited to:
[1]
A description of the dimensions of the easement, including vertical
and horizontal angles measured in the degrees or the hours of the
day, on specified dates, during which direct sunlight to a specified
surface or structural design feature may not be obstructed.
[2]
Restrictions on the placement of vegetation, structures and
other objects which may impair or obstruct the passage of sunlight
through the easement.
[3]
Terms and conditions, if any, under which the easement may be
revised or terminated.
[4]
Compensation for the owner of the real property subject to the
solar easement for maintaining the easement and for the owner of the
real property benefiting from the solar easement in the event of interference
with the easement.
(c)
If required, a principal solar energy system owner and/or operator
must obtain any solar easements necessary to guarantee unobstructed
solar access by separate civil agreement(s) with adjacent property
owner(s).
(14)
Prior to the issuance of a land use permit, applicants must acknowledge,
in writing, that the issuance of said permit for a principal solar
energy system 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:
B.
Ground-mounted PSES.
(1)
Minimum lot size. The PSES shall meet the specified lot size requirements,
if any.
(2)
Setbacks. PSES shall comply with the specified setbacks for principal
structures, if any.
(3)
Height. Ground-mounted PSES shall comply with the specified building
height restrictions for principal structures, if any.
(4)
Impervious coverage.
(a)
The area beneath the ground-mounted PSES is considered pervious
coverage. However, use of impervious construction materials under
the system could cause the area to be considered impervious and subject
to the impervious surface limitations.
(b)
The applicant shall submit a stormwater management plan that
demonstrates compliance with the Metal Township Stormwater Management
Ordinance.
(5)
Ground-mounted PSES shall be screened from adjoining residential uses or zones according to the standards found in § 11-2C(4) of this article.
(6)
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)
All ground-mounted PSES shall be completely enclosed by a minimum
eight-foot-high fence with a self-locking gate.
(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.
(a)
At a minimum, a twenty-five-foot-wide access road must be provided
from a state or Township roadway into the site.
(b)
At a minimum, a twenty-foot-wide cartway shall be provided between
the solar arrays to allow access for maintenance and emergency vehicles,
including fire apparatus and emergency vehicles. 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.
(c)
Solar panels shall not extend into the cartway.
(9)
The ground-mounted PSES shall not be artificially lighted except
to the extent required for safety or applicable federal, state, or
local authority.
(10)
If a ground-mounted PSES is removed, any earth disturbance resulting
from the removal must be graded and reseeded.
C.
Roof- and wall-mounted PSES.
(1)
For roof- and wall-mounted systems, the applicant shall provide evidence
that the plans comply with the Uniform Construction Code and all building
codes adopted by the Township and that the roof or wall is capable
of holding the load imposed on the structure.
(2)
PSES mounted on the roof or wall of any building shall be subject
to the maximum height ordinances, resolutions, or regulation of the
underlying district.
(3)
Wall-mounted PSES shall comply with the setbacks for principal structures
in the underlying districts.
(4)
Solar panels shall not extend beyond any portion of the roof edge.
A.
This article shall be enforced as summary criminal offenses in accordance
with Section 1601 of the Second Class Township Code, as amended,[1] regarding regulations for health, public safety, building,
property maintenance, housing or fire. The penalty to be imposed shall
be a maximum fine of $1,000 or imprisonment for a maximum period of
90 days, or both. Each day that a violation exists and is continued
shall constitute a separate offense.
[1]
Editor's Note: See 53 P.S. § 66601.
B.
The Township shall also be entitled to recover from any owner all
costs or fees (the "costs") arising out of or related to the enforcement
of this article. Such costs may also include those to remedy violations
of this article and abate nuisances. The costs shall include, but
not be limited to, engineers' fees, attorneys' fees and
staff/employee time. The costs may be collected as a municipal claim
under applicable law against the property. The Township may also enforce
this article through an action in equity brought in the Franklin County
Court of Common Pleas.
A.
Where, owing to special conditions, a literal enforcement of the
provisions of this article will result in unreasonable hardship, the
Board of Supervisors may make such reasonable waivers thereto which
are in accordance with modern and evolving principles and which are
not contrary to the public interest so that the spirit of this article
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 its decision and record the action
and grounds for granting or denying the waiver in its minutes.
All provisions of other Metal Township ordinances are hereby
revised and amended, as necessary and appropriate, in order to ensure
and confirm consistency thereof with the provisions of this article.
Any ordinance or resolution, or any portion of any ordinance or resolution,
which is inconsistent with the contents of this article shall be,
and the same is hereby, repealed insofar as the same is affected by
or inconsistent with the provisions of this article.
If any section, subsection, sentence, clause, phrase, or portion
of this article is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
to be a separate, distinct, and independent provision, and such holding
shall not affect the validity of the remaining portions of this article.
This article shall become effective five days from the date
of enactment thereof.
