[Added 10-24-2018 by Ord.
No. 813]
As used in this article, the following terms shall have the
meanings indicated:
Any number of electrically connected photovoltaic (PV) modules
providing a single electrical output.
A solar photovoltaic system that is constructed as an integral
part of a principal or accessory building or structure and where the
building-integrated system features maintain a uniform profile or
surface of vertical walls, window openings, and roofing. Such a system
is used in lieu of a separate mechanical device, replacing or substituting
for an architectural or structural component of the building or structure
that appends or interrupts the uniform surfaces of walls, window openings
and roofing. A building-integrated system may occur within vertical
facades, replacing view glass, spandrel glass or other facade material;
into semitransparent skylight systems; into roofing systems, replacing
traditional roofing materials; or other building or structure envelope
systems.
A solar photovoltaic system attached to any part or type
of roof on a building or structure that has an occupancy permit on
file with the Township and that is either the principal structure
or an accessory structure on a recorded property. This system also
includes any solar-based architectural elements.
The smallest basic solar electric device which generates
electricity when exposed to light.
The outermost edge of a roof including eaves, overhangs and
gutters.
A solar photovoltaic system mounted on a structure, pole
or series of poles constructed specifically to support the photovoltaic
system and not attached to any other structure.
Equipment used to heat, cool or ventilate a structure.
A surface area that prevents or retards the infiltration
of water into the soil and/or a hard surface area that causes water
to run off the surface of the ground in greater quantities or at an
increased rate of flow from the conditions prior to development, construction,
building or installation.
The technical and practical link between the solar generator
and the grid providing electricity to the greater community.
A unit of electrical power equal to 1,000 watts, which constitutes
the basic unit of electrical demand. A watt is a metric measurement
of power (not energy) and is the rate (not the duration) at which
electricity is used. 1,000 kW is equal to 1 megawatt (MW).
The smallest protected assembly of interconnected PV cells.
An agreement with a local electric utility that allows customers
to receive a credit for surplus electricity generated by certain renewable
energy systems.
A semiconductor based device that converts light directly
into electricity.
Items including a solar photovoltaic cell, panel or array,
lines, mounting brackets, framing and foundations used for or intended
to be used for collection of solar energy.
A solar collection system consisting of one or more building-
and/or ground-mounted systems, solar photovoltaic cells, panels or
arrays and solar related equipment that rely upon solar radiation
as an energy source for collection, inversion, storage and distribution
of solar energy for electricity generation. A solar PV system is a
generation system with a nameplate capacity of not greater than 50
kilowatts if installed at a residential service or not larger than
3,000 kilowatts at other customer service locations and do not produce
excess on-site energy greater than currently permitted by Pennsylvania
Public Utility Commission guidelines.
Structural/architectural element that provides protection
from weather that includes awnings, canopies, porches or sunshades
and that is constructed with the primary covering consisting of solar
PV modules, and may or may not include additional solar PV related
equipment.
A number of photovoltaic modules mounted such that they track
the movement of the sun across the sky to maximize energy production,
either with a single-axis or dual-axis mechanism.
Area not within a building and not in a defined setback or
yard area.
It is the purpose of this article to promote the safe, effective
and efficient use of installed solar energy systems that reduce on-site
consumption of utility-supplied energy while protecting the health,
safety and welfare of adjacent and surrounding land uses and properties.
This article seeks to:
A.
Provide property owners and business owners/operators with flexibility
in satisfying their on-site energy needs.
B.
Reduce overall energy demands within the Township and to promote
energy efficiency.
C.
Integrate alternative energy systems seamlessly into the Township's
neighborhoods and landscapes without diminishing quality of life in
the neighborhoods.
A.
This article applies to all solar photovoltaic systems installed
and constructed after the effective date of this article.
B.
Solar PV systems constructed prior to the effective date of this
article are not required to meet the requirements of this article.
C.
Any upgrade, modification or structural change that materially alters
the size or placement of an existing solar PV system shall comply
with the provisions of this article.
All types of solar photovoltaic systems are permitted in all zoning districts as an accessory use to any lawfully permitted principal use on the same property upon issuance of the proper permit pursuant to Article XXII, § 310-143, and upon compliance with all requirements of this section and as elsewhere specified in this article.
A.
Building-mounted systems are permitted to face any rear, side and front yard or any unregulated yard area as defined in § 310-129 of this article. Building-mounted systems may only be mounted on lawfully permitted principal or accessory structures.
B.
Ground-mounted systems are permitted based on the requirements for
accessory uses or structures in the property's zoning district.
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A.
The solar PV system must be constructed to comply with the Pennsylvania
Uniform Construction Code (UCC), 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 Pennsylvania Department of Labor and Industry
under its regulatory authority.
B.
Submission of a permit application shall include an evaluation by
a Pennsylvania-licensed engineer that the roof and/or structure has
the capacity and structural integrity to support the proposed solar
photovoltaic system and the potential live load of firefighters accessing
the roof and/or structure.
C.
All wiring must comply with the National Electrical Code, most recent
edition, as amended and adopted by the Commonwealth of Pennsylvania.
D.
For ground-mounted systems, all exterior electrical lines must be
buried below the surface of the ground where possible or be placed
in conduit.
Ground-mounted systems. Ground-mounted systems are subject to
the accessory use or structure setback requirements in the zoning
district in which the system is to be constructed. The required setbacks
are measured from the property line to the nearest part of the system.
No part of the ground-mounted system shall extend into the required
setbacks due to a tracking system or other adjustment of solar PV
related equipment or parts.
A.
Notwithstanding the height limitations of the zoning district:
(1)
For a building-mounted system installed on a sloped roof that
faces the front yard of a property, the system must be installed at
the same angle as the roof on which it is installed with a maximum
distance, measured perpendicular to the roof, of 18 inches between
the roof and highest edge or surface of the system.
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(2)
For a building-mounted system installed on a sloped roof, the
highest point of the system shall not exceed the highest point of
the roof to which it is attached.
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B.
Notwithstanding the height limitations of the zoning district:
(1)
For a building-mounted system installed on a flat roof, the highest point of the system shall be permitted to extend up to six feet above the roof to which it is attached, subject to § 310-60C(1) of the Township's current Zoning Ordinance requiring a written opinion of a registered professional engineer attesting to the ability of the structure to withstand maximum forces upon it as to wind, ice and snow loads.
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(2)
Ground-mounted systems may not exceed the permitted height of
accessory structures in the zoning district where the solar PV system
is to be installed.
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Building-mounted systems on a sloped roof shall not be required
to be screened. Building-mounted systems mounted on a flat roof shall
not be readily visible from the public right-of-way.
The surface area of any ground-mounted system, regardless of
the mounted angle of any portion of the system, is considered impervious
surface and shall be calculated as part of the property lot coverage
limitations for the zoning district. If the ground-mounted system
is mounted above existing impervious surface, it shall not be calculated
as part of the property lot coverage limitations for the zoning district.
A.
Building-mounted systems:
(1)
If a building-mounted system is to be installed on any building
or structure that is nonconforming because its height violates the
height restrictions of the zoning district in which it is located,
the building-mounted system shall be permitted so long as the building-mounted
system does not extend above the peak or highest point of the roof
to which it is mounted and so long as it complies with the other provisions
of this article.
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(2)
If a building-mounted system is to be installed on a building
or structure on a nonconforming property that does not meet the minimum
setbacks required and/or exceeds the lot coverage limits for the zoning
district in which it is located, a building-mounted system shall be
permitted so long as there is no expansion of any setback or lot coverage
nonconformity and so long as it complies with the other provisions
of this article.
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B.
Ground-mounted systems:
(1)
If a ground-mounted system is to be installed on a property
containing a structure that is nonconforming because the required
minimum setbacks are exceeded, the proposed system shall be permitted
so long as the system does not encroach into the established setback
for the property. If a ground-mounted system is to be installed on
a property that is nonconforming because it violates zoning district
requirements other than setbacks, then a variance must be obtained
for the proposed installation.
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No signage or graphic content may be displayed on the solar
PV system except the manufacturer's badge, safety information
and equipment specification information. Said information shall be
depicted within an area no more than 36 square inches in size.
All solar PV systems are subject to compliance with applicable
performance standards detailed elsewhere in this chapter.
A.
Inspection.
(1)
The Township reserves the right to inspect a solar PV system
for Building or Fire Code compliance and safety.
(2)
If upon inspection the Township determines that a Fire Code
or Building Code violation exists, or that the system otherwise poses
a safety hazard to persons or property, the Township may order the
property owner to repair or remove the system within a reasonable
time. Such an order shall be in writing, shall offer the option to
repair, shall specify the code violation or safety hazard found and
shall notify the property owner of his or her right to appeal such
determination.
(3)
If a property owner fails to repair or remove a solar PV system
as ordered, and any appeal rights have been exhausted, the Township
may enter the property, remove the system and charge the property
owner for all costs and expenses of removal, including reasonable
attorney's fees or pursue other legal action to have the system
removed at the property owner's expense.
(4)
In addition to any other available remedies, any unpaid costs
resulting from the Township's removal of a vacated abandoned
or decommissioned solar PV system shall constitute a lien upon the
property against which the costs were charged. Legal counsel of the
Township shall institute appropriate action for the recovery of such
cost, plus attorney's fees, including, but not limited to filing
of municipal claims pursuant to 53 P.S. § 7107 et seq.,
for the cost of such work, 6% interest per annum, plus a penalty of
5% of the amount due plus attorney's fees and costs incurred
by the Township in connection with the removal work and the filing
of the Township's claim.
B.
Marking.
(1)
Marking is required on interior and exterior direct-current
(DC) conduit, enclosures, raceways, cable assemblies, junction boxes,
combiner boxes and disconnects.
(a)
The materials used for marking shall be reflective, weather
resistant and suitable for the environment. Marking as required in
this section shall have all letters capitalized with a minimum height
of 3/8 inch (9.5 mm) white on red background.
(b)
Marking content. The marking shall contain the words "WARNING:
PHOTOVOLTAIC POWER SOURCE."
(c)
Shall include a diagram depicting all access and pathways or
a clear warning if there are none.
(d)
Main service disconnect. The marking shall be placed adjacent
to the main service disconnect in a location clearly visible from
the location where the disconnect is operated.
(e)
Location of marking. The marking shall be placed on interior
and exterior DC conduit, raceways, enclosures and cable assemblies
every 10 feet (3,048 mm), within one foot (305 mm) of turns or bends
and within one foot (305 mm) above and below penetrations of roof/ceiling
assemblies, walls or barriers.
(f)
Photovoltaic system warning signs require an emblem in the shape
of a Maltese cross made up of a three-inch-diameter circle with a
stroke width of one-half inch and Maltese cross wings that are 1 1/8
inches in height or width with a stroke width of 1/2 inch. Signs must
also have a white reflective background with red lettering. Three
different legends: "PV Roof Mounted," "PV Adjacent," and "PV Roof
Mounted and Adjacent." All lettering shall be 1 1/4 inch in height
with a stroke width of 1/4 inch. The emblem shall be permanently affixed
to the left of the main entrance door at a height between four and
six feet above the ground and shall be installed and maintained by
the owner of the building.
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(2)
Locations of DC conductors. Conduit, wiring systems, and raceways
for photovoltaic circuits shall be located as close as possible to
the ridge or hip or valley and from the hip or valley as directly
as possible to an outside wall to reduce trip hazards and maximize
ventilation opportunities. Conduit runs between subarrays and to DC
combiner boxes shall be installed in a manner that minimizes the total
amount of conduit on the roof by taking the shortest path from the
array to the DC combiner box. The DC combiner boxes shall be located
such that conduit runs are minimized in the pathways between arrays.
DC wiring shall be installed in metallic conduit or raceways when
located within enclosed spaces in a building. Conduit shall run along
the bottom of load-bearing members.
(3)
Access and pathways. All building-integrated systems and building-mounted
systems shall provide roof access, pathways, and spacing requirements
as required herein (unless otherwise approved by the Fire Chief.)
(a)
Exceptions:
[1]
Residential structures shall be designed so that each photovoltaic
array is no greater than 150 feet (45,720 mm) by 150 feet (45,720
mm) in either axis.
[2]
Panels/modules shall be permitted to be located up to the roof
ridge where an alternative ventilation method approved by the Fire
Chief has been provided or where the Fire Chief has determined vertical
ventilation techniques will not be employed.
[a]
Roof access points. Roof access points shall be
located in areas that do not require the placement of ground ladders
over openings such as windows or doors, and located at strong points
of building construction in locations where the access point does
not conflict with overhead obstructions such as tree limbs, wires,
or signs.
[b]
Residential systems for one- and two-family dwellings.
Access to residential systems for one- and two-family dwellings shall
be provided in accordance with Subsection B(3)(a)[2][c] through [f]
below.
[c]
Residential buildings with hip roof layouts. Panels/modules
installed on residential buildings with hip roof layouts shall be
located in a manner that provides a three-foot-wide (914 mm) clear
access pathway from the eave to the ridge on each roof slope where
panels/modules are located. The access pathway shall be located at
a structurally strong location on the building capable of supporting
the live load of firefighters accessing the roof.
[i]
Exception: These requirements shall not apply to
roofs with slopes of two units vertical in 12 units horizontal (2:12)
or less.
[d]
Residential buildings with a single ridge. Panels/modules
installed on residential buildings with a single ridge shall be located
in a manner that provides two three-foot-wide (914 mm) access pathways
from the eave to the ridge on each roof slope where panels/modules
are located.
[i]
Exception: This requirement shall not apply to
roofs with slopes of two units vertical in 12 units horizontal (2:12)
or less.
[e]
Residential buildings with roof hips and valleys.
Panels/modules installed on residential buildings with roof hips and
valleys shall be located no closer than 18 inches (457 mm) to a hip
or a valley where panels/modules are to be placed on both sides of
a hip or valley. Where panels are to be located on only one side of
a hip or valley that is of equal length, the panels shall be permitted
to be placed directly adjacent to the hip or valley.
[i]
Exception: These requirements shall not apply to
roofs with slopes of two units vertical in 12 units horizontal (2:12)
or less.
[f]
Residential building smoke ventilation. Panels/modules
installed on residential buildings shall be located no higher than
three feet (914 mm) below the ridge in order to allow for fire department
smoke ventilation operations.
[g]
Other than residential buildings. Access to systems
for occupancies other than one- and two-family dwellings shall be
provided in accordance with Subsection B(3)(a)[2][h] through [j] below.
[i]
Exception: Where it is determined by the fire code
official that the roof configuration is similar to that of a one-
or two-family dwelling, the residential access and ventilation requirements
in Subsection B(3)(a)[2][c] through [f] above shall be permitted to
be used.
[h]
Access. There shall be a minimum six-foot-wide
(1,829 mm) clear perimeter around the edges of the roof.
[i]
Exception: Where either axis of the building is
250 feet (76,200 mm) or less, there shall be a minimum four-foot-wide
(1,290 mm) clear perimeter around the edges of the roof.
[i]
Pathways. The solar installation shall be designed
to provide designated pathways. The pathways shall meet the following
requirements:
[i]
The pathway shall be over areas capable of supporting
the live load of firefighters accessing the roof.
[ii]
The centerline axis pathways shall be provided
in both axes of the roof. Centerline axis pathways shall run where
the roof structure is capable of supporting the live load of firefighters
accessing the roof.
[iii]
Shall be a straight line not less than four feet
(1,290 mm) clear to skylights or ventilation hatches.
[iv]
Shall be a straight line not less than four feet
(1,290 mm) clear to roof standpipes.
[v]
Shall provide not less than four feet (1,290 mm)
clear around roof access hatch with at least one not less than four
feet (1,290 mm) clear pathway to parapet or roof edge.
[j]
Smoke ventilation. The solar installation shall
be designed to meet the following requirements:
[i]
Arrays shall be no greater than 150 feet (45,720
mm) by 150 feet (45,720 mm) in distance in either axis in order to
create opportunities for fire department smoke ventilation operations.
[ii]
Smoke ventilation options between array sections
shall be one of the following:
[A]
A pathway eight feet (2,438 mm) or greater in width.
[B]
A four-foot (1,290 mm) or greater in width pathway
and bordering roof skylights or smoke and heat vents.
[C]
A four-foot (1,290 mm) or greater in width pathway
and bordering four-foot by eight-foot (1,290 mm by 2,438 mm) "venting
cutouts" every 20 feet (6,096 mm) on alternating sides of the pathway.
(4)
Ground-mounted photovoltaic arrays. Ground-mounted photovoltaic
arrays shall comply with Subsection B(3)(a)[3][j][i][A] through [C]
above and this section. A clear, brush-free area of 10 feet (3,048
mm) shall be required for ground-mounted photovoltaic arrays.
(5)
The Township reserves the right to inspect a solar PV system
for Building or Fire Code compliance and safety.
(6)
If an owner/property owner/land owner/facility owner/operator
fails to repair or remove a solar PV system as ordered, and any appeal
rights have been exhausted, the Township may enter the structure/property,
remove the system and charge the owner/property owner/land owner/facility
owner/operator for all costs and expenses of removal, including reasonable
attorney's fees or pursue other legal action to have the system
removed at the owner/property owner/land owner/facility owner/operator's
expense.
(7)
In addition to any other available remedies, any unpaid costs
resulting from the Township's removal of a vacated abandoned
or decommissioned solar PV system shall constitute a lien upon the
property against which the costs were charged. Legal counsel of the
Township shall institute appropriate action for the recovery of such
cost, plus attorney's fees, including, but not limited to filing
of municipal claims pursuant to 53 P.S. § 7107 et seq.,
for the cost of such work, 6% interest per annum, plus a penalty of
5% of the amount due plus attorney's fees and costs incurred
by the Township in connection with the removal work and the filing
of the Township claim.
Before any construction or installation on any solar PV system
shall commence, a permit issued by the Township of Hampton shall be
obtained to document compliance with this article. The Council may
establish a fee for said permit by resolution.
