[HISTORY: Adopted by the Board of Supervisors of the Township of Connoquenessing as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-2-2023 by Ord. No. 102-23]
This article shall be known as the "Large-Scale Solar Electric Facility and Wind Energy Facility Ordinance for the Township of Connoquenessing."
The purpose of this article is to provide for the construction, installation, operation and decommissioning of large-scale solar electric energy facilities or wind energy facilities in the Township of Connoquenessing, subject to reasonable conditions that will protect the public health, safety and welfare.
As used in this article, the following terms shall have the meanings indicated:
APPLICANT
Is the landowner or developer and includes their heirs, successors and assigns, who has filed an application for development of a solar electric energy facility or wind energy facilities under this article.
FACILITY OWNER
The person or entity having an equity interest in the solar electric energy facility or wind energy facility, including their heirs, successors and assigns.
OPERATOR
The entity responsible for the day-to-day operation and maintenance of the solar electric energy facility or wind energy facility.
SOLAR ELECTRIC ENERGY FACILITY
A large-scale solar electric energy facility, whose main purpose is to generate and supply electricity and 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 residential use.
SOLAR ELECTRIC SYSTEM
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.
WIND ENERGY FACILITY
A large-scale wind electric energy facility whose main purpose is to generate and supply electricity and consists of one or more wind turbines and other accessory structures and buildings, including substations, electrical infrastructure, transmission lines and other appurtenant structures and facilities. These facilities shall not include wind electric energy facilities meant for residential use.
A. 
This article applies to any solar electric energy facility of three acres or more or wind energy facility consisting of one or more wind turbines proposed to be constructed after the effective date of this article.
B. 
A solar electric energy facility or wind energy facility constructed prior to the effective date of this article shall not be required to meet the requirements of this article; provided that any physical modification or alteration to an existing solar electric energy facility or wind energy facility that materially alters the size, type or components of the solar electric system or wind energy facility shall require a permit under this article. Routine operation and maintenance or like-kind replacements do not require a permit.
A. 
No solar electric energy facility or wind energy facility, or addition of a solar electric system or wind energy facility to an existing solar electric energy facility or wind energy facility, shall be constructed or located within the Township of Connoquenessing unless a permit has been issued to the facility owner or operator approving construction of the solar electric energy facility or wind energy facility under this article.
B. 
The permit application or amended permit application shall be accompanied with a fee in the amount to be set by resolution of the Township of Connoquenessing.
C. 
Any physical modification to an existing and permitted solar electric energy facility or wind energy facility that materially alters the size, type and number of solar electric systems, wind turbines or other equipment shall require a permit modification under this article. Like-kind replacements shall not require a permit modification.
A. 
The permit application shall demonstrate that the proposed solar electric energy facility or wind energy facility will comply with this article.
B. 
Among other things, the application shall contain the following:
(1) 
A narrative describing the proposed solar electric energy facility or wind energy facility, including an overview of the project; the project location; the approximate generating capacity of the solar electric energy facility or wind energy facilities, the approximate number, representative types and height or range of heights of the panels or other solar electric system equipment or wind turbines 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 or wind 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 or wind energy facility ("participating landowner agreement").
(3) 
Identification of the properties or portions thereof on which the proposed solar electric energy facility or wind energy facility will be located, and the properties adjacent to where the solar electric energy facility or wind energy facility will be located.
(4) 
A site plan showing the planned location of each solar electric energy facility or wind 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 of Connoquenessing to ensure compliance with this article.
C. 
Within 30 days after receipt of a permit application, the Code Enforcement Officer of the Township of Connoquenessing will determine whether the application is complete and advise the applicant accordingly.
D. 
Within 60 days of a completeness determination, the Township of Connoquenessing 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 of Connoquenessing 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 Connoquenessing 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, 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.
C. 
Visual appearance.
(1) 
Ground-mounted solar electric systems shall not exceed 20 feet in height.
(2) 
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. Site lighting shall be directed downward and shielded so as to avoid glare on public roads and adjacent properties.
(3) 
Solar electric energy facilities shall not display advertising, except for reasonable identification of the panel, inverter or other equipment manufacturer, and the facility owner.
(4) 
On-site transmission and power lines shall, to the maximum extent practicable, be placed underground.
(5) 
All solar electric systems shall be placed such that concentrated solar radiation or glare does not project onto nearby structures or roadways. The applicant has the burden of proving, either through siting or mitigation that any glare produced does not have a significant adverse impact on neighboring or adjacent uses.
(6) 
No owner or operator of a solar electric energy facility shall permit any grass or weeds or any other vegetation whatsoever to grow or remain upon such premises to exceed a height of six inches or so as to cause unpleasant or noxious odors or conceal filthy deposits. Noxious weeds prohibited by the Noxious Weed Control Law, 3 P.S. § 255.8, as amended, or as it may be amended in the future, or by regulations of the Department of Agriculture, shall not be permitted to grow either generally or as exceptions to the height limitations set forth above. Grass and/or vegetation is recommended to be mowed at least two times per year.
D. 
Warnings.
(1) 
A solar electric energy facility shall be enclosed by a minimum eight-foot security fence, barrier or other appropriate means to prevent or restrict unauthorized persons or vehicles from entering the property.
(2) 
Solar electric energy facility shall be screened from any adjacent property that is used for residential purposes. The screen shall consist of plant materials which provide an effective visual screen. Said visual screen shall be located in front of the required barrier as identified in Subsection D(1).
(3) 
Clearly visible warning signs shall be placed on the fence, barrier or solar electric energy facility perimeter to inform individuals of potential voltage hazards.
E. 
Access road. A minimum of 25 feet wide access road shall be provided from a state or municipal road into the site to allow access for maintenance vehicles, emergency management vehicles and fire apparatus.
A. 
Design safety certification. The design of the wind energy facility 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), Det Norske Veritas, Germanishcer Lloyd Wind Energies, or other similar certifying organizations.
B. 
Uniform Construction Code. The wind 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, 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.
C. 
Visual appearance.
(1) 
All wind energy facilities shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection.
(2) 
Wind turbines shall be a nonobtrusive color such as white, off-white or gray.
(3) 
Wind energy facilities shall not be artificially lighted, except to the extent required by Federal Aviation Administration or other applicable authority that regulates air safety.
(4) 
Wind energy facilities shall not display advertising, except for reasonable identification of the panel, inverter or other equipment manufacturer, and the facility owner.
(5) 
On-site transmission and power lines shall, to the maximum extent practicable, be placed underground.
(6) 
Wind energy facilities shall provide reasonable measures to minimize shadow flicker on any occupied building.
(7) 
Wind energy facilities shall provide reasonable measures to avoid disruption or loss of radio, telephone, television or similar signals, and mitigate any harm caused by the wind energy facility.
(8) 
No owner or operator of a wind energy facility shall permit any grass or weeds or any other vegetation whatsoever to grow or remain upon such premises to exceed a height of six inches or so as to cause unpleasant or noxious odors or conceal filthy deposits. Noxious weeds prohibited by the Noxious Weed Control Law, 3 P.S. § 255.8, as amended, or as it may be amended in the future, or by regulations of the Department of Agriculture, shall not be permitted to grow either generally or as exceptions to the height limitations set forth above. Grass and/or vegetation is recommended to be mowed at least two times per year.
A. 
All solar electric energy systems shall be located 35 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. 
Wind turbines shall be set back from an occupied building, the property line, and the right-of-way of any adjacent state or municipal road a distance not less than 1.5 times the turbine height. Setbacks shall be measured from the center of the wind turbine base.
C. 
A solar electric energy facility or wind energy facility shall be sited in such a way that it presents no threat to traffic or to public health and safety.
A. 
Noise from a solar electric energy facility or wind energy facility shall not exceed 55 dBA at the nearest property line. The applicant shall provide technical support documentation indicating the noise standard will be achieved.
B. 
In the event of a complaint relating to excessive noise extending beyond the property line, the burden of proof to shall be on the owner or operator of the solar electric energy facility or wind energy facility to prove compliance with Subsection A.
A. 
For this section "facility" shall mean either a solar energy facility or a wind energy facility.
B. 
The facility owner and operator shall, at their expense, complete decommissioning of the facility within 12 months after the end of the useful life of such facility. A facility will be presumed to be at the end of its useful life if no electricity is generated for a continuous period of 12 months.
C. 
Decommissioning shall include removal of all solar electric energy systems, collectors, wind turbines, buildings, cabling, electrical components, roads, foundations and any other associated facilities.
D. 
Disturbed earth shall be graded and reseeded, unless the landowner requests in writing that the access roads or other land surface areas not be restored.
E. 
An independent and certified professional engineer shall be retained by the facility owner or operator to estimate the total cost of decommissioning without regard to salvage value of the equipment ("decommissioning costs") and the cost of decommissioning net salvage value of the equipment ("net decommissioning costs"). Said estimates shall be submitted to the Township of Connoquenessing after the first year of operation and every fifth year thereafter.
F. 
The facility owner or operator shall post and maintain decommissioning funds in an amount equal to net decommissioning costs provided that at no point shall decommissioning funds be less than 50% of decommissioning costs. The decommissioning funds shall be posted and maintained with a bonding company or federal or commonwealth chartered lending institution chosen by the facility owner or operator and participating landowner posting the financial security, provided that the bonding company or lending institution is authorized to conduct such business within the commonwealth. Decommissioning funds may be in the form of a performance bond, surety bond, letter of credit, corporate guarantee or other form of financial assistance as may be acceptable to the Township of Connoquenessing.
G. 
If neither the facility owner nor operator complete decommissioning within the prescribed period, then the Township of Connoquenessing may take such measures as necessary to complete decommissioning. The entry into and submission of evidence of a participating landowner agreement to the Township of Connoquenessing shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns that the Township of Connoquenessing may take such action as necessary to implement the decommissioning plan.
H. 
The escrow agent shall release the decommissioning funds when the facility owner or operator has demonstrated and the Township of Connoquenessing concurs that decommissioning has been satisfactorily completed, or upon written approval of the Township of Connoquenessing in order to implement the decommissioning plan.
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 article or a permit issued under this article or cause another to violate or fail to comply, or take any action which is contrary to the terms of this article or a permit issued under this article.
B. 
If, after 30 days from the date of the notice of violation, the Township of Connoquenessing determines, in its discretion, that the parties have not resolved the alleged violation, the Township of Connoquenessing may institute civil enforcement proceedings or any other remedy at law or inequity to ensure compliance as provided in Sections 64 and 65 of Chapter No. 245 of the Township of Connoquenessing known as the "Township of Connoquenessing Subdivision and Land Development Ordinance."[1]
[1]
Editor's Note: See §§ 245-64 and 245-65 of this Code.
This article shall take effect on August 3, 2023.