This ordinance shall be known as the Springfield Township Solar Energy Systems Ordinance.
[HISTORY: Adopted by the Board of Supervisors of the Township of Springfield 4-10-2023 by Ord. No. 2023-02. Amendments noted where applicable.]
A building which 1) is subordinate to and serves a principal building; 2) is subordinate in area, extent or purpose to the principal building; 3) contributes to the comfort, convenience, or necessity of occupants of the principal building; and 4) is located on the same lot as the principal building.
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: a) primarily; or b) solely for on-site use. An accessory solar energy system consists of one or more free-standing 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 co-development of the same area of land for both solar photovoltaic power and "Normal Farming Operations as defined by P.L. 454, No. 133 (1982), the Protection of Agricultural Operations from Nuisance Suits and Ordinances Act."
The term "applicant" includes but is not limited to an individual, partnership joint venture, company, corporation, developer or any other entity seeking approval for a solar energy system pursuant to this chapter. The owner of the real property upon which the solar energy system shall be erected, as well as the applicant, shall be responsible for compliance with this chapter.
A landscaped area, or an area of preserved vegetation, intended to be used as a means of limiting the potentially adverse effects created by a use onto adjoining properties, streets, and uses.
An area whose dimensions normally exceed the normal building setback or yard requirement used to protect low-density uses and zoning districts from adjacent higher intensity uses and districts. Buffer yards are to be measured from the property boundary line.
An impervious or impermeable surface that is disconnected from any stormwater drainage or conveyance system and is redirected or directed to a previous area, which allows for infiltration, filtration, and increased time of concentration.
A form of security including a cash deposit, surety bond, irrevocable letter of credit, cashier's check, or escrow account from a federal or Commonwealth chartered lending institution in the amount of 110% of the total proposed decommissioning costs and in a form satisfactory to the municipality and municipal solicitor. Post removal, the owner shall post a security of 15% of the final decommissioning cost for two years to assure no issues remain.
Springfield Township, York County, Pennsylvania.
Any applicant having an equitable interest or legal interest in the land or property a permit under this chapter is applied for.
Any permit required by the Township or the Commonwealth of Pennsylvania or statutes of the United States of America, including but not limited to a Township zoning permit and/or a Township building permit pursuant to the Township's Construction Code (the Uniform Construction Code as amended from time to time).
A building or structure in which is conducted or intended to be conducted any principal use of the lot on which it is located.
A grouping of multiple solar modules/panels with the purpose of harvesting solar energy.
The smallest basic solar electric device which generates electricity when exposed to light.
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 purpose of assuring adequate access to direct sunlight for solar energy systems.
Radiant energy (direct, diffuse and/or reflective) received from the sun.
An area of land used for a solar collection system principally to capture solar energy, convert it to electrical energy or thermal power and supply electrical or thermal power primarily for off-site use.
A grouping of two or more solar energy facilities which are held by owner or leased to a common lessor and which are part of a single solar energy production development project.
The individual, group, entity or applicant responsible for the permitting, construction and/or operation of a solar energy facility to the solar project connection.
A solar photovoltaic cell, module/panels, or array, or solar hot air or water collector device, which relies upon solar radiation as an energy source for collection inversion, storage, and distribution of solar energy for electricity generation or transfer of stored heat.
The high-voltage electric conveyance lines which connect a solar energy facility to the solar project connection.
A grouping of solar cells with the purpose of harvesting solar energy.
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 cooling, and/or for electricity.
The electric conveyance lines which connect a solar energy facility to the high-voltage electric interconnection grid.
Items including a solar photovoltaic cell, module, or array, or solar hot air or water collector device panels, lines, pumps, batteries, mounting brackets, framing and possibly foundations or other structures used or intended to be used for collection of solar energy.
Springfield Township, York County, Pennsylvania.
Regulations/criteria applicable to all accessory solar energy systems:
A.
ASES shall be permitted as a use by right in all zoning districts.
B.
ASES constructed prior to the effective date of this section shall not be required to meet the terms and conditions of this chapter. Any physical modification to an existing ASES, whether or not existing prior to the effective date of this section that materially alters the ASES, shall require approval under this chapter. Routine maintenance or like-kind replacements do not require a permit.
C.
The ASES layout, design and installation 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 Pennsylvania Construction Codes and the Township's Construction Codes. Designated building permit required in order to review building codes. The manufacturer specifications for the key components of the system shall be submitted as part of the application. Additionally, ASES installers must certify they are listed as a certified installer on the PA Department of Environmental Protection's (DEP) approved solar installer list or that they meet the criteria to be a PA DEP approved installer by meeting or exceeding one of the following requirements:
(1)
Is certified by the North American Board of Certified Energy Practitioners (NABCEP).
(2)
Has completed an Interstate Renewable Energy Council (IREC), Institute for Sustainable Power Quality (ISPQ) accredited PV training program or a PV manufacturer's training program and successfully installed a minimum of three PV systems.
D.
For residential applications, the ASES installer must also be a registered home improvement contractor with the PA Attorney General's Office.
E.
Upon installation, the ASES shall be maintained in good working order in accordance with the standards of the applicable codes under which the ASES was constructed. Failure of the property owner to maintain the ASES in good working order is grounds for appropriate enforcement action by the Township. The Township may perform the services required and charge the owner appropriate fees. Nonpayment of fees may result in a lien against the property.
F.
All on-site utility lines, transmission lines, and plumbing shall be placed underground to the greatest extent possible.
G.
Signage shall comply with the prevailing sign regulations.
H.
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 sighting or mitigation.
I.
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 regulations specified for principal and accessory buildings within each of the applicable zoning districts.
(3)
Wall-mounted ASES shall comply with the setbacks for principal buildings in the applicable zoning districts, panels are to be placed on structure.
(4)
Solar panels shall not extend beyond any portion of the roof edge.
(5)
Building permit applications shall document compliance with these provisions.
J.
Ground-mounted solar energy systems:
(1)
Setbacks. The minimum setbacks from property lines shall be equivalent to all building setbacks in the applicable zoning district.
(2)
Height. Freestanding ground-mounted ASES shall not exceed the maximum accessory structure height in the applicable zoning district.
(3)
Location. Ground-mounted ASES shall not be placed within any legal easement or right-of-way 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, unless the applicant can demonstrate, to the satisfaction of the municipality, that the ASES will not impede stormwater management, or in any manner alter or impede stormwater runoff from collecting in a constructed stormwater conveyance system.
(4)
Removal. If a ground-mounted ASES is removed, any earth disturbance as a result of the removal of the ground-mounted solar energy system shall be graded and re-seeded.
(5)
Signage. Appropriate safety/warning signage concerning voltage shall be placed at ground-mounted electrical devices, equipment, and structures, have reflective lettering and visible from at least 50 feet. All electrical control devices associated with the ASES shall be locked to prevent unauthorized access or entry.
(6)
The size of a ground-mounted ASES shall be no larger than the foot print of the principal building. An accurate drawing of location and distances to adjoining structures and streets showing zoning district setback requirements shall accompany an ASES application for permits.
A.
Regulations/criteria applicable to all SEFs:
(1)
SEFs shall be allowed in any zoning district.
(2)
A SEF shall not be allowed in any District on steep slopes greater than 12%, in locations having Class 1-2-3 Soils, wetlands, woodlands greater than 1/2 an acre, or conservation easements.
(3)
SEFs constructed prior to the effective date of this section shall not be required to meet the terms and conditions of this chapter. Any physical modification to any existing SEF, whether or not existing prior to the effective date of this section that expands the SEF shall require approval under this chapter. Routine maintenance or replacements do not require a permit.
(4)
The establishment of a SEF shall require Land Development Plan approval under the Township Subdivision and Land Development Ordinance.
(5)
The SEF layout, design and installation shall conform to good industry practice. "Good industry practice" shall mean the practices, methods, standards, and acts (engaged in or approved by a significant portion of the solar power industry for similar facilities in similar geographic areas that are similar in size and complexity) as the same may change from time to time, that, at a particular time, in the exercise of reasonable professional judgment in light of the facts known at the time the decision was made, would have been expected to accomplish the desired result in a manner consistent with applicable law, regulation, codes, good business practices, reliability, safety, environmental protection, economy, expedition, and shall comply with the PA Uniform Construction Code, the Township Construction Code and with all other applicable fire and life safety requirements.
(6)
SEF installers of projects rated at five megawatt or greater must demonstrate that they have installed at least three utility-scale solar projects in the last five years. SEF installers must certify they are listed as a certified installer on the PA DEP approved solar installer list or that they meet the criteria to be a PA DEP approved installer by meeting or exceeding one of the following requirements:
(a)
Is certified by the North American Board of Certified Energy Practitioners (NABCEP).
(b)
Has completed an Interstate Renewable Energy Council (IREC) Institute for Sustainable Power Quality (ISPQ) accredited PV training program or a PV manufacturer's training program and successfully installed a minimum of three PV systems.
(7)
All on-site utility transmission lines and plumbing shall be placed underground to the greatest extent feasible.
(8)
DC voltage solar array connections may be located above ground. AC solar facility connections should be located underground where feasible. However, AC solar facility connections may be located above ground where the applicant can demonstrate to the satisfaction of the Planning Commission and Board of Supervisors that the overall environmental impacts would support above ground locations.
(9)
The applicant shall include a construction transportation plan that shows all roadways that will be utilized to access the site, which shall be forwarded to the Municipality for review. The plan shall address conditions for repair or replacement if damage to municipal roads occurs during construction activities.
B.
The owner of a SEF shall provide the Township written confirmation that the public utility company to which the SEF will be connected has been informed of the customer's intent to install a grid connected system and approved of such connection. The owner shall provide a copy of the final inspection report or other final approval from the utility company to the Township prior to the issuance of a certificate of use and occupancy for the SEF.
C.
Ground-mounted SEF:
(1)
The SEF development area is equal to the total acres of land subject to lease by the SEF developer. Where the area of land subject to the lease is greater than 75% of the parcel, the entire parcel will be considered to be the SEF development area.
(2)
For each parcel on which a SEF, or a component of a SEF, is proposed, a map shall be provided by the applicant detailing the SEF development area.
(3)
Solar related equipment shall only be placed within that portion of any lot that has a defined SEF development area.
(4)
The SEF shall comply with the setbacks of the applicable zoning districts for principal buildings.
(5)
Required fences shall be considered principal structures for purposes of setbacks. Minimum setbacks shall be in accordance with the underlying zoning requirements.
(6)
No side or rear setback will be required where a solar energy project spans across lot lines, provided each landowner has signed a written waiver of the lot line setback.
D.
Solar related equipment shall not be located in:
(1)
Floodways, as identified in the Federal Emergency Management Act Flood Insurance Rate Map.
(2)
Regulated natural and man-made drainage corridors, extending 25 feet from the border of any such drainage feature, unless the Supervisors at time of plan approval determines a lesser setback would create less impacts to the overall project.
(3)
Wetlands.
(4)
Riparian buffers extending 25 feet from any wetland or body of water, unless the Supervisors at the time of plan approval determines a lesser setback would create less impacts to the overall project.
(5)
Slopes in excess of 12%, unless the Supervisors at the time of plan approval determines location in an area in excess of 12% would create less impacts to the overall project.
(6)
Legal easements and rights-of-way.
(7)
A conservation easement.
(8)
Setback areas, as defined in the underlying zoning district.
E.
Woodland areas. Woodland, if over 0.25 acre and consisting of mature trees, is to remain undisturbed and shall not be removed for the purpose of creating SEFs.
F.
Minimum lot size. The ground-mounted SEF shall meet the lot size requirements of the applicable zoning district.
G.
Height. Ground-mounted SEFs shall comply with the building height restrictions for principal buildings of the applicable zoning district.
H.
Security. A clearly visible warning sign shall be placed at the base of all pad-mounted transformers and substations and on the fence surrounding the SEF informing individuals of potential voltage hazards.
I.
Lighting. Any lighting shall comply with Springfield Township Lighting Ordinance.
J.
Roof and wall-mounted solar energy facilities. The applicant for a roof and/or wall-mounted SEF shall provide evidence that the plans comply with the Uniform Construction Code, including that the roof or wall is capable of holding the load imposed on the structure.
K.
Height regulations. Any SEF mounted on roofs of any building shall be subject to the maximum height regulations specified for principal and accessory buildings within the applicable zoning SEF district.
L.
If a SEF is being used as an accessory use for commercial/industrial activity on another property, then the municipality shall be informed of the intent of the SES.
M.
No portion of the SEF shall contain or be used to display advertising. The manufacturer's name and equipment information or indication of ownership shall be required on all sides of any equipment of the SEF provided they no larger than 1' X 1'.
N.
All SEFs shall be situated to prevent concentrated glare onto nearby structures or roadways.
O.
The SEF owner and/or operator shall maintain and post on all sides of fencing an identification of a local person or entity responsible for the public to contact with inquiries, complaints, and public safety issues, throughout the life of the project and provide the number and name to the municipality.
P.
Upon installation, the SEF shall be maintained in good working order in accordance with the standards of the building codes under which the SES was constructed. Failure of the property owner to maintain the SEF in good working order is grounds for appropriate enforcement action by the Township. The Township may perform the services required and charge the owner appropriate fees. Nonpayment of fees may result in a lien against the property.
Q.
Signage shall comply with the prevailing sign regulations.
R.
The following requirements apply to de-commissioning:
(1)
The SEF owner is required to notify the municipality immediately upon permanent cessation or abandonment of the operation. The SEF shall be presumed to be discontinued or abandoned if no electricity is generated by such system for a period of 12 continuous months.
(2)
If it is determined by the Township that an SEF has permanently ceased its operation, or has been abandoned, the SEF owner shall have 12 months in which to dismantle and remove the SEF, including all solar related equipment or appurtenances related thereto, including but not limited to buildings, cabling, electrical components, roads, foundations, solar facility connections and the associated facilities in accordance with agreements with landowners and good industry practice.
(3)
In the event that the present SEF owner has temporarily ceased its operation, but is in the process of transferring ownership and SEF management, the present owner has the responsibility of notifying the municipality which will allow this transference to occur within 12 months of this notification.
(4)
To the extent possible, the materials shall be re-sold or salvaged. Materials that cannot be re-sold or salvaged shall be disposed of at a facility authorized to dispose of such materials by federal or state law.
(5)
Any soil exposed during the removal shall be stabilized in accordance with applicable erosion and sediment control standards.
(6)
Any access drive paved aprons from public roads shall remain for future use unless directed otherwise by the landowner.
(7)
The SEF site area shall be restored to its pre-existing condition, suitable for its prior use, except the landowner may authorize, in writing, any buffer landscaping or access roads or paved drive aprons installed to accommodate the SEF to remain.
(8)
Any necessary permits, such as erosion and sedimentation and NPDES permits, shall be obtained prior to decommissioning activities.
(9)
At the time of issuance of approval for the construction of the SES, the owner shall provide financial security in an amount acceptable to the municipality and in favor of the municipality, to secure its obligations under this section. At de-commissioning and a satisfactory inspection, the owner shall provide financial security of 15% of the original financial security.
(a)
The SEF applicant shall, at the time of the SALDO application, provide the municipality with an estimate of the cost of performing the decommissioning activities required herein. The solar project applicant shall provide financial security of 110% of the estimated cost of decommissioning. The estimate may include an estimated salvage and resale value, discounted by a factor of 10%. The decommissioning cost estimate formula shall be: gross cost of de-commissioning activities minus 90% credit of salvage and resale value equals the decommissioning cost estimate.
(b)
On every 5th anniversary of the date of providing the decommissioning financial security, the SEF applicant shall provide an updated decommission cost estimate, utilizing the formula set forth above with adjustments for inflation and cost and value changes. If the decommissioning security amount increases, the SEF owner shall remit the increased financial security to the municipality within 30 days of the approval of the updated decommissioning security estimate by the municipality. If the decommissioning security amount decreases by greater than 10%, the municipal owner shall release for security any amounts held in excess of 110% of the updated decommission cost estimate.
(c)
Decommissioning security estimates shall be subject to review and approval by the municipality, and the SEF applicant shall be responsible for administrative, legal, and engineering costs incurred by the municipality for such review.
(d)
The decommissioning security may be in the form of cash deposit, surety bond, irrevocable letter of credit, cashier's check, or escrow amount from a federal or Commonwealth chartered lending institution in the amount of 110% of the total proposed decommission cost estimate and in a form satisfactory to the municipality and its solicitor.
(e)
Prior to final approval of any plans for a SEF, the SEF developer shall enter into a decommissioning agreement with the municipality outlining the responsibility of parties under this agreement as to the decommissioning of the SEF.
A.
Applications.
(1)
Zoning and building permit applications shall document compliance with this chapter, the Township Uniform Commercial Code as and shall be accompanied by drawings showing the location of the solar energy system on the building or property, including property lines. Permits must be kept on the premises where the solar energy system is located.
(2)
The permit shall be revoked if the solar energy system, whether new or pre-existing is moved or otherwise altered, either intentionally or by natural forces, in a manner which causes the solar energy system not to be in conformity with this chapter.
(3)
The solar energy system 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)
An approved land development plan shall accompany all permit applications excluding those for ASES which are accessory to a single-family residential use.
B.
Fees and costs.
(1)
The applicant shall pay all permit application fees and inspection fees, including but not limited to Zoning Fees and Building Code Administration Fees, when seeking approval of a solar energy system under this chapter, which fees shall be set by resolution or be the normal fees for Construction Code Administrators.
(2)
The applicant shall, prior to receipt of an approved permit, reimburse the Municipality for any actual fees or costs incurred arising out of or related to the application (collectively the "costs"). The costs shall include, but not be limited to, engineering, zoning officer, building code official and legal fees.
(3)
The applicant shall reimburse the Township for any actual fees or costs incurred arising out of or related to the application (collectively the "costs"). The costs shall include, but not be limited to, engineering, zoning officer, building code official and legal fees.
C.
Modifications:
(1)
The Municipality may grant modification of the requirements of one or more provisions of this chapter if the literal enforcement will exact undue hardship because of peculiar conditions pertaining to the property in question, provided that such modification will not be contrary to the public interest and that the purpose and intent of the chapter is observed.
(2)
All requests for a modification shall be in writing and shall state in full the grounds and facts of unreasonableness or hardship on which the request is based, the provision or provisions of the chapter involved and the minimum modification necessary.
D.
Enforcement.
(1)
Upon the receipt of a written complaint setting forth the existence of unauthorized construction, modification, or use in violation of this chapter, or other notice thereof, the Municipality's Superintendent of Public Works, Zoning Officer, Codes Enforcement Officer, Solicitor or other representative that may be authorized by the Township's governing body (the "Enforcement Officer") shall cause a ten-day written notice to be given either by personal service or registered or certified mail to the applicant of the property upon which the violation exists, to immediately cease and the construction, modification or the unauthorized use of the solar energy system. Such a written notice shall be required to enforce the remedies set forth in this section. However, the Township shall still be entitled to give a verbal notice for defective systems as authorized above.
(2)
Upon failure of such applicant to comply as directed in said notice, the Enforcement Officer, other Township officials or solicitor may appear on behalf of the Township and initiate legal proceedings to enforce the provisions of this Ordinance before a District Magistrate.
(3)
Any applicant who or which shall violate or permit to be violated the provisions of this chapter shall, upon being found liable therefore in a civil enforcement proceeding brought by the Township before a District Magistrate, pay a fine $1,000 per day, plus all court costs, including reasonable attorneys fee's incurred by Township as a result thereof. No fine shall commence or be imposed, levied, or be payable until the date of the determination of the violation by a District Magistrate. Each day that a violation exists and is continued shall constitute a separate offense, unless the District Magistrate who determines that a violation has occurred further shall determine that there was a good faith basis for the defendant to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of determination by such District Magistrate and thereafter every day shall constitute a separate offense.
(4)
In addition, the Municipality shall also be entitled to recover from any applicant all the Municipality's costs or fees (collectively the "costs") arising out of or related to the application or enforcement of this chapter. Such costs may also include those to remedy violations of this chapter or to abate nuisances. The costs shall include, but not be limited, engineer fees, geologist fees, attorney fees, zoning officer fees, and staff/employee time. The costs may be collected as a Municipal Claim under applicable law against the property upon which the solar energy system, or portions thereof, is located.
A.
The provisions of this chapter shall be construed to the maximum extent possible to further the purposes and policies set forth herein, as consistent with applicable state statutes and regulations. If the provisions of this section and other sections of the Township's Zoning Ordinance conflict, the sections herein shall control only as to solar energy systems, and any sections conflicting with state law, state law shall prevail.
B.
It is the intention of the Municipality's governing body that the provisions of this chapter are severable and if any provisions of this chapter shall be declared unconstitutional or invalid by the judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining provisions of this chapter.
It is hereby declared to be the legislative intent that if a court of competent jurisdiction declares any provision of this chapter to be invalid, the effect of such decision shall be limited to those provisions which are expressly stated in the decision to be invalid. In such case, all provisions of this chapter that were not declared invalid shall continue to be separately and fully effective. The Board of Supervisors hereby declares that it would have passed all other parts of this chapter without including any part declared invalid, if it had advance knowledge that such part would be declared invalid.
All Springfield Township ordinances or parts thereof that are inconsistent or incompatible herewith and cannot be read in any manner to be consistent with this chapter, are repealed to the extent of such inconsistency or incompatibility. This repealer clause shall only repeal Township ordinances or parts thereof that were adopted prior to this chapter and that are clearly in direct conflict with this chapter and dealing with solar energy systems only.
This chapter amending the Springfield Township Zoning Ordinance shall be effective five days after enactment.