A.
ASES that have a maximum power rating of not greater than 15kW shall be permitted. ASES that have a power rating greater than 15kW shall comply with the requirements of Article III, Principal Solar Energy Systems.
B.
Exemptions.
(1)
ASES with an aggregate collection and/or focusing that are of 900 square feet or less are exempt from this chapter.
(2)
ASES construction prior to the effective date of this chapter 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 chapter, that materially alters the ASES, shall require approval under this chapter. Routine maintenance or like-kind replacements do not require a permit.
C.
Permit requirements.
(1)
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 on the premises where the ASES is constructed.
(2)
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 chapter.
(3)
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)
All engineering and permitting costs are the sole responsibility of the PSES owner/operator.
(5)
Permit fees will be established and issued by the Township of Fermanagh and may be reviewed at the January Reorganizational Meeting for the upcoming year or at such other times as the Supervisors deem appropriate. All permits will be reviewed annually.
(6)
Decommissioning bonding. The PSES owner/operator is required to secure a bond in the amount determined by the Township Engineer for the decommissioning of the facility in the case the PSES owner/operator is unable to complete the cleanup. This bond is required to be paid in full prior to the beginning of construction. 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 Township.
D.
Decommissioning.
(1)
Each ASES and all solar-related equipment shall be removed within six 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.
(2)
The ASES shall be presumed to be discontinued or abandoned if no electricity is generated by such solar collector for a period of six continuous months. If the Township has cause to believe the ASES has been discontinued or abandoned, the Township shall provide notice to the owner. The owner shall have 30 days to respond and demonstrate that the system is operational or provide reasonable cause for discontinued operations and the proposed remedy for returning the system to operation.
(3)
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.
E.
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 the Township of Fermanagh,[1] 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.
F.
Upon completion of installation, the accessory solar energy system shall be maintained in good working order in accordance with standards of the Township of Fermanagh codes under which the accessory solar energy system was constructed.
G.
Accessory solar energy systems must be installed by a company that is listed as a certified installer on the DEP's approved solar installer list, or by a company that employs or contracts with personnel whose qualifications meet one of the following requirements:
(1)
Certification by the North American Board of Certified Energy Practitioners (NABCEP).
(2)
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 successfully installed a minimum of three PV systems.
(3)
A registered home improvement contractor with the PA Attorney General's Office.
H.
All on-site utilities, transmission lines, and plumbing shall be placed underground.
I.
The owner of a grid-connected ASES shall provide the Township of Fermanagh written confirmations 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. This section shall be considered satisfied by the owner providing copies of interconnection studies from the electric utility or grid operator.
J.
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 they comply with the prevailing sign regulations.
K.
Glare.
(1)
All accessory solar energy systems shall be placed such that concentrated solar radiation or glare does not project onto structures or roadways.
(2)
The applicant has the burden of proving that any glare produced does not have significant adverse impact on structures or roadways either through siting or mitigation. A glare study acceptable to the Township's Engineer shall be provided as part of the application and approved prior to construction. In addition, in the proposed system is in the flight path of a local airport runway, an approval letter from the FAA shall be provided to the Township prior to construction.