Township of Stroud, PA PRINCIPAL SOLAR ENERGY FACILITY OVERLAY DISTRICT

[Ord. 1998-5, 7/20/1998; as added by Ord. 2012-1, 2/23/2012, § 13-300]

A principal solar energy facility (PSEF) shall only be located in a Principal Solar Energy Facility Overlay District and shall only be permitted in said overlay district as a conditional use in accordance with § 27-407 of this chapter, as may be amended. A PSEF shall also meet the requirements of the Stroud Township Subdivision and Land Development Ordinance [Chapter 22], as may be amended, including, but not limited to, land development requirements. In addition to the requirements set forth in § 27-407, Conditional Use Requirements, the PSEF owner and/or applicant shall provide the following as part of their conditional use application:

A descriptive site plan including, but not limited to, dimensioned setbacks, locations of property lines, roadways and driveways, location and size of solar panels, modules and/or arrays, elevations and heights of buildings and structures, location and detail of perimeter fencing, and buffer and landscaping requirements. The site plan shall incorporate a fire protection plan, including, but not limited to, location of hydrants and other on-site and off-site firefighting equipment, and a narrative of same shall be provided to the Township and Stroud Township Fire Chief for their review and comment.

Evidence that the electric utility company has been informed of the owner's and/or operator's intent to install such facility and its intended connection to the utility grid. A copy of the electric utility company's approval to connect to the utility grid shall be provided to the Township if secured at time of conditional use application, but not later than at time of application for zoning permit.

An affidavit or evidence of agreement between the property owner and PSEF owner and/or operator confirming the PSEF owner and/or operator has permission to apply far the conditional use. Copies of all necessary permits for the construction, installation, operation and decommissioning of the PSEF and its solar energy system(s) shall be provided if secured at time of conditional use application, but not later than at time of application for zoning permit.

Copies of all studies, analyses, reports, certificates and approvals required by all agencies shall be provided to the Township if secured at time of conditional use application, but not later than at time of application for zoning permit. At time of conditional use application, the Township shall be provided with: (1) three copies of an environmental assessment conforming to the requirements of § 27-706, Subsection 4, which shall include, but not be limited to, impacts, if any, of the project's electromagnetic field(s) [EMF], hazardous materials, wired and wireless communications interference, and "heat island effect" (as described by the U.S. EPA) on adjacent properties; (2) three copies of a Phase I Environmental Assessment of the PSEF site dated not more than one year before the Township's receipt of the conditional use application, and (3) three copies of existing Phase 1, 2 and 3 Environmental Assessments pertaining to the PSEF site, as applicable; pending and future environmental assessments upon completion shall be provided to the Township. The Township and/or any of its consultants shall be provided with copies of other studies, analyses, and/or reports, as may be reasonable requested, including but, not limited to, the PSEF and its solar energy system design by the PSEF owner's and/or applicant's engineer and traffic impact analysis during construction and decommissioning of the PSEF.

Traffic routes in the Township, traffic volumes and delivery times, and truck weights and sizes relative to PSEF construction and solar energy system(s) installation and decommissioning shall be provided as part of the conditional use application. Off-street parking and staging areas for construction-related and delivery vehicles shall be depicted on the conditional use site plan. Township streets shall not be used for parking or staging of construction-related or delivery vehicles during installation and/or decommissioning of the PSEF.

Payment in full of applicable conditional use hearing fees. The PSEF owner and/or applicant shall be responsible for payment of fees in excess of hearing fees submitted with the conditional use application prior to issuance of a zoning permit for Township Engineer and/or Solar Energy Consultant fees.

For any lot or property, or portion thereof, within a Principal Solar Energy Facility Overlay District, the regulations of said overlay district shall supersede any regulations of the underlying district which are in conflict with those of this Part. The area and boundary of each PSEF Overlay District is designated on the maps titled "Principal Solar Energy Facility Overlay District," Exhibit 27-13-1, dated December 2011, and Exhibits 27-13-2 and 27-13-3 dated October 2011, attached hereto and incorporated herein by reference, as may be amended.

The following standards, requirements and criteria, without limitation, shall apply to a principal solar energy facility:

The owner or operator of a PSEF which will be connected to a utility grid shall provide a copy of a current and valid written authorization from the utility company to the Township acknowledging and approving such connection not later than application of a zoning permit.

The PSEF and its solar energy system(s), solar related equipment, principal and accessory buildings and structures, and parking facilities shall be enclosed by perimeter chain-link fencing, and/or other fencing required by state or federal agency, and access gate(s) at a height between eight and nine feet for the purpose of restricting unauthorized access. Such fencing shall be green poly-coated and shall not include barbed wire or similar product unless otherwise required by state or federal agency.

Within 10 feet outside the perimeter fencing stated above, the initial row of two staggered rows of eight-foot tall deer-resistant evergreen trees at initial planting shall be planted with trees in each row spaced at a maximum of 20 feet on center. The staggered rows of evergreens shall provide an immediate visual screen of the PSEF and evergreen tree spacing in each row shall ensure closure between trees at maturity, except at access gate(s). The evergreen plantings stated herein shall be included as part of the requirements of § 27-602, Subsection 1C, Buffer Strip Landscaping Requirements, when the front, side and/or rear yards of a PSEF abuts an R, S, C-4 or O District and/or existing residential use.

A compacted stone and/or paved perimeter road of material, depth and width satisfactory to the Township Engineer, and approved by the Board of Supervisors, shall be located between the perimeter fencing stated above and the solar related equipment, within the applicable front, side and rear yard setbacks for solar related equipment, as a firebreak. An alternative method of providing PSEF perimeter fire protection may be proposed by the PSEF owner and/or operator and may be approved by the Board of Supervisors after recommendations by the Township Engineer and Fire Chief. Access roads and parking areas within the PSEF shall be compacted stone and/or of a paved material, depth and width satisfactory to the Township Engineer and approved by the Board of Supervisors.

The PSEF shall be designed and constructed so that ground leveling is limited to those areas needed for installation of PSEF land development improvements and solar related equipment so that the natural ground contour is preserved to the greatest extent practical. Any earth disturbance shall, at a minimum, require an erosion and sedimentation control plan approved by the Monroe County Conservation District. Such earth disturbances in conjunction with a site alteration or land development shall meet the applicable sections of this chapter, Subdivision and Land Development Ordinance [Chapter 22] and Stormwater Management Ordinance [Chapter 23], as may be amended.

Trees shall be preserved to the maximum extent possible. Every existing tree, eight inches or more in diameter (measured at 4.5 feet off the ground), that is removed shall be replaced on a 1:1 basis with a native tree that has the same maximum height and growth rate of the tree to be removed. The replacement trees shall be selected from species provided in § 27-309, Subsection 4, of the Subdivision and Land Development Ordinance [Chapter 22]. The replacement trees at initial planting shall be not less than 2 1/2 inches caliper and/or eight feet in height above ground level. The replacement trees shall grow to be at least 15 feet tall after planting and any trimming. The replacement trees shall be placed on the PSEF site to maximize stormwater management and/or screening of the PSEF from adjacent properties.

The manufacturer's or installer's identification and appropriate warning signage not greater than three square feet each, or the minimum square footage signage allowed by applicable code, state or federal agency, shall be posted on the access gate and/or perimeter fencing as required by applicable regulations. Except as provided herein, a PSEF shall not display signage of any kind, including, but not limited to, streamers, pennants, spinners, reflectors, ribbons, tinsel, balloons, flags, banners or similar materials.

All on-site utility lines shall be placed underground unless otherwise approved by the Board of Supervisors. The conditional use site plan and land development plan shall clearly depict where all underground and above-ground utility lines are proposed.

A PSEF shall comply with the following bulk and coverage controls:

Schedule of PSEF Overlay District Bulk and Coverage Controls
Minimum Front, Side and Rear Yard Setback From Nearest Overlay District Boundary Line For Perimeter Fence¹	50 feet
Minimum Front, Side and Rear Yard Setback From Nearest Overlay District Boundary Line For Solar Panels And Their Mounting Equipment except as provided below¹	75 feet
Minimum Front, Side and Rear Yard Setback From Nearest Overlay District Boundary Line For Principal and Accessory Buildings and/or Structures (including parking facilities and other structures containing or attached with equipment which cause sound, vibration, and/or emission, including, but not limited to, odor, smoke, vapor, gas, heat, dust, dirt, air pollution of any kind, EMF, wired and wireless communications interference, light or glare^{1, 2}) except as otherwise provided herein	150 feet
Maximum Solar Panel Height	15 feet
Maximum Building, Structure and/or Appurtenance Height	15 feet
Maximum Ground Coverage³	60%
Minimum Lot Area	5 acres

¹	Footnote (e) of Schedule 27-II[1] shall apply when the front, side and/or rear yards described herein abuts an R, S, C-4 or O District and/or existing residential use, and the minimum twenty-five-foot wide buffer strip plantings shall include the evergreens provided for in Subsection 3C above.
²	In no case shall any sound, vibration, and/or emission of any kind from a PSEF occur beyond the PSEF property lines.
³	Maximum ground coverage for the purpose of this chapter is defined as the maximum ratio obtained by dividing the total impervious surface area [as defined by the Stormwater Management Ordinance of Stroud Township [Chapter 23], as may be amended, including the ground floor area of all principal and accessory buildings, and the cumulative surface area of solar panels] on the lot, properties or tract by the total area of the lot, properties or tract upon which the impervious surfaces are located.

[1]

Editor's Note: Schedule 27-II is included as an attachment to this chapter.

The cumulative surface area of solar panels, regardless of the mounted angle, shall be calculated as part of the overall ground coverage. Grass and/or other vegetation satisfactory to the Township Engineer or consultant shall be planted and maintained below and between ground-mounted solar panels, modules and/or arrays, except where access roads are provided, unless other ground cover is required by state or federal agency or recommended by the Township Engineer or consultant and approved by the Board of Supervisors. A note on the PSEF land development plan shall detail the type of grass and/or other suitable vegetation below and between ground-mounted solar panels and its maintenance to ensure continuous ground cover, soil stabilization and minimized risk of a fire hazard.

Solar panels shall be placed such that concentrated solar radiation (e.g., light, heat, EMF and/or communications interference) or glare shall not be directed onto other properties, roadways or other areas accessible to the public. The PSEF owner and/or operator has the burden of proving that any solar radiation (described above) or glare produced does not adversely impact upon other properties, aircraft, flying species, and/or adjacent uses either through siting or mitigation. The PSEF owner and/or operator shall be responsible to mitigate any adverse solar radiation (described above) or glare impacts, as determined by the Township Engineer or consultant, prior to issuance of a certificate of occupancy and/or after issuance of a certificate of occupancy.

Solar panels shall not be placed in the vicinity of any airport in a manner that would interfere with airport flight patterns. Acknowledgement of same from the Federal Aviation Administration, or other agency or entity, may be necessary in the discretion of the Board of Supervisors.

The layout, design, construction, installation and operation of the PSEF and its solar energy system(s) 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, or more stringent standards required by state and/or federal agencies. All applicable building permits shall be obtained for the PSEF and its solar energy system(s) per the Pennsylvania Uniform Construction Code (UCC), Act 45 of 1999, 35 P.S. § 7210.101 et seq., as amended, and applicable regulations adopted by the Department of Labor and Industry. All wiring shall comply with the applicable version of the National Electric Code (NEC). The local utility provider shall be contacted to determine grid interconnection and net metering policies; the Township shall be provided with copies of utility provider approvals and compliance with those same policies and any future change in status. The applicant shall submit certificates of design compliance obtained by the equipment manufacturer from a certifying organization and any such design shall be certified by an engineer licensed in the Commonwealth of Pennsylvania. The manufacturer specifications for the key components of the solar energy system(s) shall be submitted as part of the application.

The PSEF and its solar energy system(s) shall be designed and operated to protect public safety including development and implementation of a plan of operating procedures to prevent public access inside the PSEF, including, but not limited to, security cameras and security lighting shielded to prevent glare and spillover onto adjacent properties. A PSEF Emergency Operations Plan (EOP) shall be provided to the Township, Fire Chief and Township Emergency Management Coordinator prior to issuance of a certificate of occupancy. The EOP shall provide specific instructions for fire protection and handling and disposing of hazardous materials contained in and/or released from solar related equipment. No solar related equipment and/or hazardous materials shall be buried on site or disposed of in violation of local, state or federal regulations.

A PSEF and its solar energy system(s) shall not be constructed until all applicable building and zoning permits have been issued, all approvals have been secured and security has been provided for the installation of PSEF land development improvements and decommissioning. The construction of a PSEF and its solar energy system(s) shall be completed and fully operational within one calendar year of issuance of a zoning permit. Before any construction can commence on any PSEF and its solar energy system(s), the property owner must acknowledge that they are the responsible party for owning and maintaining the facility and its solar energy system(s). Prior to issuance of a certificate of occupancy and operation of the PSEF, the PSEF owner and/or operator shall provide the Township with copies all applicable regulatory permits and approvals to operate the PSEF.

The Township shall be notified in writing within 30 days of a change in: (1) PSEF ownership, (2) PSEF operator and/or (3) owner of land upon which the PSEF is located, and the Township shall be provided with contact name(s), address(es), phone number(s) and emergency contact information. The PSEF owner and/or operator shall maintain a phone number and identify a person responsible for the public to contact with inquiries and complaints throughout the life of the project and shall provide this number and name to the Township. The PSEF owner and/or operator shall make timely and reasonable efforts to respond to the public's inquiries and complaints.

If a PSEF or any of its solar energy system(s) or components are deemed to be a public safety hazard by a Code Enforcement Officer, Building Code Official, Township Engineer or consultant, or state or federal agency, the PSEF owner and/or operator, after written notice by any of the entities stated above, shall be responsible for making immediate repairs or removal of the condition causing such hazard. If the PSEF owner or operator fails to make immediate repairs or remove said conditions, Stroud Township shall have the option to pursue reasonable hazard mitigation measures at the PSEF owner's expense without further notice to the PSEF owner or operator.

Decommissioning of a PSEF or any of its solar energy system(s) shall include the following, without limitation:

(1)

If a PSEF or any of its solar energy system(s) have not been in operation for a period of six consecutive months, the PSEF owner or operator shall notify the Township in writing with the reason(s) for inoperability and their intentions to re-establish operations or plans for decommissioning. The PSEF owner or operator is required to notify the Township immediately upon cessation or abandonment of the operation. The PSEF or one or more of its solar energy systems shall be presumed to be discontinued or abandoned if no electricity is generated by such system for a period of 12 continuous months.

(2)

The PSEF owner and/or operator shall have six months from cessation or abandonment in which to dismantle and remove the PSEF 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 and shall re-vegetate disturbed earth per § 27-603, Subsection 4, of this chapter.

(3)

Engineer Decommissioning Costs. An independent and certified Pennsylvania professional engineer shall be retained by the PSEF owner or operator to estimate the total cost of decommissioning without regard to salvage value of the PSEF solar related equipment. Said estimates shall be submitted to the Township after the first year of issuance of a certificate of occupancy and every 5th year thereafter.

(4)

Decommissioning Financial Security. The PSEF owner or operator, prior to the issuance of a zoning permit, shall provide financial security with the Township as payee in an amount approved by the Board of Supervisors, from a company and in a form and content acceptable to the Board of Supervisors, to insure decommissioning and re-vegetation as set forth herein. The security shall remain in place for as long as the PSEF or its solar energy system(s) exist at the site and until restoration of the site is satisfactorily completed. The PSEF owner or operator shall be responsible to have the financial security certificate holder describe the status of the bond or letter of credit in an annual report submitted to the Township. The financial security shall not be subject to revocation, reduction or termination unless and until approved by the Board of Supervisors based upon the Township Engineer's and Solicitor's recommendation that decommissioning and re-vegetation have been satisfactorily completed.

(5)

Landowner Responsibility. If the PSEF owner or operator or its solar energy system(s) fails to complete decommissioning and re-vegetation within the time period stated herein, then decommissioning and re-vegetation in accordance with this chapter shall become the responsibility of the landowner.

(6)

Township Intervention. If neither the PSEF owner or operator, nor the landowner completes decommissioning and re-vegetation within the prescribed periods, then the Township may take such measures as necessary to complete decommissioning and re-vegetation. The submission of evidence of a participating landowner agreement to the Township shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns that the Township may take such action as necessary to implement the decommissioning and re-vegetation plan.

(7)

Decommissioning conditions of the zoning permit shall include, but not be limited to:

(a)

If the PSEF owner or operator ceases operation of the facility or any of its solar energy system(s), or begins, but does not complete, construction of the project, the PSEF owner and/or operator shall restore the site to its condition prior to any disturbance related to the PSEF facility. The site shall be restored to a useful, non-hazardous condition without significant delay, including but not limited to the following:

Removal of aboveground and underground equipment, structures and foundations to a depth of at least three feet below grade. Underground equipment, structures and foundations need not be removed if they are at least three feet below grade and do not constitute a hazard or interfere with agricultural use or other resource uses of the land.

Restoration of the surface grade and soil after removal of aboveground structures and equipment.

Removal of graveled areas and access roads.

Revegetation of restored soil areas with native seed mixes and plant species suitable to the area.

For any part of the PSEF project on leased property, the plan may incorporate agreements with the landowner regarding leaving access roads, fences, gates or buildings in place or regarding restoration of agricultural crops or forest resource land.

The plan must provide for the protection of public health and safety and for protection of the environment and natural resources during site restoration.

The plan must include a schedule for completion of site restoration work.

Prior to the issuance of a zoning permit, PSEF owner or applicant must acknowledge in writing that the issuing of said permit 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: (1) the right to remain free of shadows and/or obstructions to solar energy caused by development of adjoining or other property or the growth of any trees or vegetation on such property; or (2) the right to prohibit the development on or growth of any trees or vegetation on such property.

Solar Easements.

(1)

Where a subdivision or land development proposes a PSEF, solar easements may be provided. Said easements shall be in writing, and shall be subject to the same conveyance and instrument recording requirements as other easements.

(2)

Any such easements shall be appurtenant; shall run with the land benefitted and burdened; and shall be defined and limited by conditions stated in the instrument of conveyance. Instruments creating solar easement shall include, but not be limited to:

(a)

A description of the dimensions of the easement including vertical and horizontal angles measured in the degrees or the hours of the day, on specified dates, during which direct sunlight to a specified surface or structural design feature may not be obstructed.

(b)

Restrictions on the placement of vegetation, structures, and other objects which may impair or obstruct the passage of sunlight through the easement.

(c)

Enumerate terms and conditions, if any, under which the easement may be revised or terminated.

(d)

Explain the compensation for the owner of the real property subject to the solar easement for maintaining the easement and for the owner of the real property benefitting from the solar easement in the event of interference with the easement.

(3)

A PSEF owner and/or operator is responsible to obtain any solar easements necessary to guarantee unobstructed solar access by separate civil agreement(s) with adjacent property owner(s), if determined necessary by said owners and/or operators.

The PSEF owner and/or operator shall repair, maintain and replace the facility and related solar equipment during the term of the facility's use in a manner consistent with industry standards as needed to keep the facility safe and in good repair and operating condition. Maintenance and cleaning of photovoltaic panels or heliostats shall include chemicals or solvents low in volatile organic compounds and the facility operator shall use recyclable or biodegradable products to the extent possible.

The following conditions, which may be amended by the Board of Supervisors, shall apply to a PSEF conditional use approval in addition to any other conditions imposed by the Board of Supervisors in their conditional use decision:

(1)

The PSEF applicant, owner and/or operator shall resolve any outstanding comments of the Township Engineer's conditional use and/or land development review letters to the satisfaction of the Board of Supervisors prior to issuance of a certificate of occupancy and operation of the PSEF.

(2)

The PSEF owner and/or operator shall be responsible for repairs to improvements within Township rights-of-way caused by vehicular traffic generated to construct or decommission the PSEF and shall provide adequate security as determined by the Board of Supervisors for such improvement repairs.

(3)

The PSEF applicant, owner and/or operator shall install a Knox-type box on all access gates for emergency access by the Stroud Township Volunteer Fire Department and other emergency responders.

(4)

The PSEF applicant, owner and/or operator shall prepare a "schedule of maintenance" for review and recommendation by the Township Engineer and/or Township Solar Energy Consultant and approval by the Board of Supervisors prior to issuance of a certificate of occupancy and operation of the PSEF. The "schedule of maintenance" shall include, but not be limited to, a detailed description of daily, weekly, monthly, annual and seasonal inspection and maintenance applicable to vegetation, stormwater facilities, solar related equipment and other improvements on the PSEF site.

(5)

Delivery of solar related equipment to the PSEF site and construction activities on the PSEF site shall be limited to 7:00 a.m. through 7:00 p.m. on Mondays through Saturdays, except for emergency repairs which may occur as needed. There shall be no deliveries of solar related equipment and construction activities on the PSEF site on Sundays and holidays, except for emergency repairs which may occur as needed. Deliveries and removal of solar related equipment and truck traffic to and from the PSEF site during construction, operation and/or decommissioning shall be limited to the route(s), days and times approved by the Board of Supervisors.

(6)

Solar related equipment and parts thereto not in active operation on the PSEF site shall be stored in an enclosed building and/or concealed within solid fencing no closer than the one-hundred-fifty-foot setback for principal and accessory buildings and/or structures under Subsection 3I above.

(7)

A failure to comply with any condition or requirement herein set forth shall constitute a violation of the said condition or requirement. Each day's continuation of a violation shall constitute a separate violation. All such violations shall be subject to the penalties set forth in § 27-1115 et seq., of this chapter.