This chapter shall be known as the "Blair Township Solar Electric Facility Ordinance."
[HISTORY: Adopted by the Board of Supervisors of the Township of Blair 6-11-2024 by Ord. No. 2024-01. Amendments noted where applicable.]
The purpose of this chapter is to provide for the construction, installation, operation and decommissioning of solar electric energy facilities in Blair Township, subject to reasonable conditions that will protect the public health, safety and welfare.
Means any landowner or developer, including their heirs, successors and assigns, who has filed an application for development of a solar electric energy facility under this chapter.
Means the person or entity having an equity interest in the solar electric energy facility, including their heirs, successors and assigns.
Means the entity responsible for the day-to-day operation and maintenance of the solar electric energy facility.
Means a facility that has a main purpose of generating and supplying electricity and that consists of one or more solar electric systems and other accessory structures and buildings, including substations, electrical infrastructure, transmission lines and other appurtenant structures and facilities. These facilities shall not include solar electric energy systems meant for on-site residential or commercial use.
Means the components and subsystems that, in combination, convert solar energy into electric energy suitable for use. The term includes but is not limited to photovoltaic and concentrated solar power systems.
A.
This chapter applies to any solar electric energy facility of two acres or more proposed to be constructed after the effective date of this chapter.
B.
A solar electric energy facility constructed prior to the effective date of this chapter shall not be required to meet the requirements of this chapter, provided that any physical modification or alteration to an existing solar electric energy facility that materially alters the size, type, or components of the solar electric system shall require a permit under this chapter. Routine operation and maintenance or like-kind replacements do not require a permit.
A.
No solar electric energy facility, or addition of a solar electric system to an existing solar electric energy facility, shall be constructed or located within the Township unless a permit has been issued to the facility owner or operator approving construction of the solar electric energy facility under this chapter.
B.
The permit application or amended permit application shall be accompanied with a fee in the amount of $250, plus the actual cost of any engineering, legal, or other costs incurred by Township, which amount may be altered by Township resolution from time to time.
A.
The permit application shall demonstrate that the proposed solar electric energy facility will comply with this chapter.
B.
Among other things, the application shall contain the following:
(1)
A narrative describing the proposed solar electric energy facility, including an overview of the project; the project location; the approximate generating capacity of the solar electric energy facility, the approximate number, representative types and height or range of heights of the panels or other solar electric system equipment to be constructed, including their generating capacity, dimensions and respective manufacturers, and a description of all ancillary facilities.
(2)
An affidavit or similar evidence of agreement between the landowner of the real property on which the solar electric energy facility is to be located and the facility owner, demonstrating that the facility owner has permission of the landowner to apply for necessary permits or approvals for construction and operation of the solar electric energy facility ("participating landowner agreement").
(3)
Identification of the properties or portions thereof on which the proposed solar electric energy facility will be located, and the properties adjacent to where the solar electric energy facility will be located.
(4)
A site plan showing the planned location of each solar electric energy facility property lines, setback lines, access roads and turnout locations, substation(s), electrical cabling from the solar electric system to the substation(s), ancillary equipment, buildings and structures, including associated distribution and/or transmission lines, and layout of all structures within the geographical boundaries of any applicable setback.
(5)
Documents related to decommissioning, including a schedule for decommissioning.
(6)
Other relevant studies, reports, certifications and approvals as may be provided by the applicant or required by the Township to ensure compliance with this chapter.
C.
Within 30 days after receipt of a permit application, the Township will determine whether the application is complete and advise the applicant accordingly.
D.
Within 60 days of a completeness determination, the Township will schedule a public hearing. The applicant shall participate in the hearing and be afforded an opportunity to present the project to the public and municipal officials, and answer questions about the project. The public shall be afforded an opportunity to ask questions and provide comment on the proposed project.
E.
Within 120 days of a completeness determination, or within 45 days after the close of any hearing, whichever is later, the Township will make a decision whether to issue or deny the permit application.
F.
Throughout the permit process, the applicant shall promptly notify the Township of any changes to the information contained in the permit application.
G.
Changes to the pending application that do not materially alter the initial site plan may be adopted without a renewed public hearing.
A.
Design safety certification. The design of the solar electric energy system shall conform to applicable industry standards, including those of the American National Standards Institute. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories (UL), IEEE, Solar Rating and Certification Corporation (SRCC), ETL, Florida Solar Energy Center (FSEC) or other similar certifying organizations.
B.
Uniform Construction Code. The solar electric energy facility and the solar electric system shall be constructed to and comply with the Pennsylvania Uniform Construction Code, Act 45 of 1999, as amended,[1] and any regulations adopted by the Pennsylvania Department of Labor and Industry as they relate to the UCC, except where an applicable industry standard has been approved by the Department of Labor and Industry under its regulatory authority.
[1]
Editor's Note: See 35 P.S. § 7210.301 et seq.
C.
Visual appearance: power lines.
(1)
Solar electric energy facilities shall not be artificially lighted, except to the extent required by safety or by any applicable federal, state or local authority.
(2)
Solar electric energy facilities shall not display advertising, except for reasonable identification of the panel, inverter or other equipment manufacturer, and the facility owner.
(3)
On-site transmission and power lines shall, to the maximum extent practicable, be placed underground.
D.
Warnings:
(1)
A solar electric energy facility shall be enclosed by a fence, barrier or other appropriate means to prevent or restrict unauthorized persons or vehicles from entering the property.
(2)
Clearly visible warning signs shall be placed on the fence, barrier or solar electric energy facility perimeter to inform individuals of potential voltage hazards.
A.
Property lines. All solar electric energy systems shall be located 50 feet from all property lines where the system is located. These distances shall be measured from the closest edge of the solar electric energy system to the property line.
B.
A solar electric energy facility shall be sited in such a way that it presents no threat to traffic or to public health and safety.
A.
The facility owner and operator shall, at their expense, complete decommissioning of the solar electric energy facility or individual solar electric system within 12 months after the end of the useful life of such facility or system. A solar electric energy facility or system will be presumed to be at the end of its useful life if no electricity is generated for a continuous period of 12 months.
B.
Decommissioning shall include removal of all solar electric energy systems, buildings, cabling, electrical components, roads, foundations and any other associated facilities.
C.
Disturbed earth shall be graded and reseeded, unless the Township explicitly approves a landowner's written request that the access roads or other land surface areas not be restored.
D.
At the time of issuance of the permit contemplated by this chapter, the facility owner and operator shall provide financial security in the form and amount acceptable to the Township to secure its obligations under this section.
E.
The facility owner and operator shall, at the time of application, provide the Township with an estimate of the cost of performing the decommissioning activities required herein, together with an administrative and inflation factor of 25% to account for the future cost as well as the cost of obtaining permits to complete said activities. The estimate may include an estimated salvage and resale value, discounted by a factor of 20%. The decommissioning cost estimate formula shall be: gross cost of decommissioning activities plus administrative factor of 25% minus resale credit of 80% of the salvage and resale cost = the decommissioning cost estimate.
F.
On every fifth anniversary of the date of providing the decommissioning financial security, the facility owner and operator shall provide an updated decommission cost estimate, utilizing the formula set forth above, with updated cost and value calculations. If the decommissioning security amount changes, the facility owner and operator shall remit the increased financial security to the Township within 30 days of the approval of the updated decommissioning security estimate by the Township.
G.
Decommissioning security estimates shall be subject to review and approval by the Township, and the facility owner and operator shall be responsible for administrative, legal, and engineering costs incurred by the Township for such review.
H.
If the Township determines it to be necessary or beneficial, then prior to approval of any plan or permit, the facility owner and operator shall enter into a decommissioning agreement with the Township outlining the responsibility of the parties under this agreement as to the decommissioning.
A.
It shall be unlawful for any person, firm or corporation to violate or fail to comply with or take any action that is contrary to the terms of this chapter or a permit issued under this chapter or cause another to violate or fail to comply, or take any action which is contrary to the terms of this chapter or a permit issued under this chapter.
B.
If, after 30 days from the date of the notice of violation, the Township 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 or in equity to ensure compliance.
C.
In addition to any other provision in this chapter or any other ordinance, for each violation of this chapter, a penalty of not more than the statutorily permitted maximum may be imposed. Such fines, penalties and associated costs will be collected as allowed by law.
D.
Any violation of this chapter shall be considered a separate infraction for each day that such violation continues.
This chapter shall take effect on the earliest date provided by law.