Article III Principal Solar Energy Systems (PSES)

The installation of PSES shall be in compliance with all applicable permit requirements, codes, and regulations.

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 PSES is constructed.

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.

No trees or other landscaping otherwise required by 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.

The PSES owner and/or operator shall maintain a phone number and identity of the person responsible for the public to contact with inquiries and complaints.

Decommissioning.

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 six continuous months. If the Township has cause to believe the PSES has been discontinued or abandoned, the Township shall provide notice to the owner and/or operator, the owner and/or operator shall have 30 days to respond and demonstrate that the system is operational or proved reasonable cause for discontinued operations and the proposed remedy for returning the system to operation.

The PSES owner shall then have six 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, including time frames for notice and response in Subsection E(1) above, the Township may complete the decommissioning by drawing on the financial security described in Subsection E(3) below. Access roads and landscaping may remain in place if so desired by the property owner and such desire is expressed in writing to the Township.

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 initially determined by the owner providing a cost estimate from a third party engineer licensed in the Commonwealth of Pennsylvania. The Township Engineer shall then review said estimate and determine the final amount of financial security taking into account said estimate and other factors. 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.

The layout, design, installation and ongoing maintenance shall conform to applicable industry standards, such as those of the American National Standards Institute (ANS), 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 organization, and shall comply wit the PA Uniform Construction Code as enforced by the Township of Fermanagh,[1] and with all other applicable fire and life safely requirements. The manufacturer specification for the key components of the system shall be submitted as part of the application.

[1]

Editor's Note: See Chapter 60, Construction Codes, Uniform, Article I, of this Code.

During construction of the solar field, noise levels shall be limited to no more than 50 decibels except for periods not exceeding 10 minutes in an hour. If the noise level exceeds 50 decibels, the contractor shall make all reasonable provisions to shield the sound from any residences located within 800 feet of the location where the noise is being produced.

On Saturdays and Sundays, construction shall not start before 8:00 a.m. on Saturdays and 9:00 a.m. on Sundays and shall cease at 5:00 p.m. on both days if there are any residences located within 800 feet of the location where construction is taking place.

Upon completion of installation, the principal solar energy system shall be maintained in good working order in accordance with standards of the Township of Fermanagh codes under which the principal solar energy system was constructed.

Principal 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:

Certification by the North American Board of Certified Energy Practitioners (NABCEP).

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.

All on-site utilities, transmission lines, and plumbing shall be placed underground.

The owner of the PSES shall provide the Township of Fermanagh 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 section shall be considered satisfied by the owner providing copies of the interconnection studies from the electric utility or grid operator.

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 they comply with the prevailing sign regulations.

Glare.

All principal solar energy systems shall be placed such that concentrated solar radiation or glare does not project onto structures or roadways.

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.

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, 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, the following:

The right to remain free of shadows and/or obstructions to solar energy caused by the development of adjoining or other property or the growth of any trees or vegetation on such property.

The right to prohibit the development on or growth of any trees or vegetation on such property.

§ 130-6 Ground-mounted PSES.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Minimum lot size. The PSES shall meet the specified lot size requirements, if any.

The yard setbacks shall be 200 feet from the property line (front, rear, and side yards), and 200 feet from any existing structure. (See the definition of "structure" in § 130-1.)

Height. No part of the ground-mounted PSES shall exceed 15 feet in height.

Impervious coverage.

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 surfaces limitations.

The applicant shall submit a NPDES permit that demonstrates compliance with the Township of Fermanagh.

Ground-mounted PSES and buildings located on PSES property shall be screened from view in the following manner.

A continuous (with the exception of gates at road frontage) 30 feet wide (minimum) vegetation buffer shall be installed between the property line and the perimeter fence. The screening shall consist of coniferous/evergreen trees of mixed varieties. Deciduous trees may be added in addition to conifers after shielding requirement is met. Conifers shall be a six feet minimum height at planting, consisting of species capable of growing to exceed height of panel installations. A landscape plan shall be submitted with spacing between plants to be such that evergreens will shield the PSES from view year-round. The vegetation shall be maintained in good condition by the owner/operator. The Township Supervisors shall determine whether the vegetation is being maintained in good condition. Dead plants and trees must be removed and replaced within six months of being notified by the Township of Fermanagh.

Ground-mounted PSES shall not be placed within any legal easement or right-of-way location unless encroachment is allowed in writing by the easement holder or be placed within any storm water conveyance system or in any other manner that would alter or impede stormwater runoff from collecting in a constructed stormwater conveyance system.

Security.

All ground-mounted PSES shall be completely enclosed by a minimum eight-foot-high fence with a locking gate. The fence shall be of chain link material. If the site is bordered by residential or commercial uses, a material shall be installed covering the full height of the eight-foot fence to block the view of the solar array using material that will not tear or deteriorate in the weather and cannot be seen through. If the material fails because of the weather or other causes, it must be repaired or replaced within 60 days. If the perimeter fence borders a public roadway, it shall be located no less than 200 feet from the edge of the right-of-way of the public road.

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.

Sign to include twenty-four-hour telephone contact to responsible party to report and react in a timely fashion to issues and/or emergencies shall be included, providing instructions to local fire and emergency personnel on how to safely enter and deactivate systems in day light and night. Applicant will provide a means of immediate, twenty-four-hour access to the site for fire and emergency personnel. (Knox-Box or equivalent.)

Access.

At a minimum, a twenty-foot-wide access road must be provided from a state or Township roadway into the site in accordance with all applicable state and township requirements.

At a minimum, a fourteen-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.