[Ord. No. 963, 2/1/2021]
As used in this Section, the following terms shall have the
meanings indicated:
An area of land or other area used for a solar collection
system used to capture solar energy, convert it to electrical energy
or thermal power and supply electrical or thermal power primarily
for on-site use. An accessory solar energy system consists of one
or more freestanding ground- or roof-mounted solar arrays or modules,
or solar-related equipment and is intended to primarily reduce on-site
consumption of utility power or fuels.
The effect produced by light with an intensity sufficient
to cause annoyance, discomfort, or loss in visual performance and
visibility.
A right, expressed as an easement, restriction, covenant,
or condition contained in any deed, contract, or other written instrument
executed by or on behalf of any landowner for the purpose of assuring
adequate access to direct sunlight for solar energy systems.
Radiant energy (direct, diffuse and/or reflective) received
from the sun.
That part or portion of a solar energy system containing
one or more receptive cells or modules, the purpose of which is to
convert solar energy for use in space heating or cooling, for water
heating and/or for electricity.
Items including a solar photovoltaic cell, module, panel,
or array, or solar hot air or water collector device panels, lines,
pumps, batteries, mounting brackets, framing and possibly foundations
or other structures used for or intended to be used for collection
of solar energy.
SOLAR ARRAYA grouping of multiple solar modules with purpose of harvesting solar energy.
SOLAR CELLThe smallest basic solar electric device which generates electricity when exposed to light.
SOLAR MODULEA grouping of solar cells with the purpose of harvesting solar energy.
[Ord. No. 963, 2/1/2021]
A.
Regulations Applicable to All Accessory Solar Energy Systems:
(1)
ASES that have a maximum power rating of not more than 20kW
shall be permitted as a use by right in all zoning districts.
(2)
Exemptions.
(a)
ASES constructed prior to the effective date of this section
shall not be required to meet the terms and conditions of this article.
Any physical modification to an existing ASES, whether or not existing
prior to the effective date of this section that materially alters
the ASES shall require approval under this article. Routine maintenance
or like-kind replacements do not require a permit.
(3)
The ASES 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
Elizabeth Township, and with all other applicable fire and life safety
requirements. The manufacturer's specifications for the key components
of the system shall be submitted as part of the application. Upon
completion of installation, the ASES shall be maintained in good working
order in accordance with standards of the Elizabeth Township codes
under which the ASES was constructed. Failure of the property owner
to maintain the ASES in good working order is grounds for appropriate
enforcement actions by Elizabeth Township in accordance with applicable
ordinances.
(4)
ASES installers must certify they are listed as a certified
installer on the PA Department of Environmental Protection's
(DEP) approved solar installer list or that they meet the criteria
to be a DEP-approved installer by meeting or exceeding one of the
following requirements:
(a)
Is certified by the North American Board of Certified Energy
Practitioners (NABCEP).
(b)
Has completed an Interstate Renewable Energy Council (IREC)
Institute for Sustainable Power Quality (ISPQ) accredited PV training
program or a PV manufacturer's training program and successfully
installed a minimum of three PV systems.
(c)
For residential applications, a registered home improvement
contractor with the Attorney General's office.
(5)
All on-site utility, transmission lines, and plumbing shall
be placed underground to the extent feasible.
(6)
The owner of an ASES shall provide Elizabeth Township written
confirmation that the public utility company to which the ASES will
be connected has been informed of the customer's intent to install
a grid-connected system and approved of such connection. Off-grid
systems shall be exempt from this requirement.
(7)
The display of advertising is prohibited except for reasonable
identification of the manufacturer of the system.
(8)
Glare.
(a)
All ASES shall be placed such that concentrated solar radiation
or glare does not project onto nearby structures or roadways.
(b)
The applicant has the burden of proving that any glare produced
does not have significant adverse impact on neighboring or adjacent
uses either through siting or mitigation.
(9)
Solar Easements.
(a)
Where a subdivision or land development involves the use of
solar energy systems, 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.
(b)
Any such easements shall be appurtenant; shall run with the
land benefited 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:
1)
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;
2)
Restrictions on the placement of vegetation, structures, and
other objects which may impair or obstruct the passage of sunlight
through the easement;
3)
Enumerated terms and conditions, if any, under which the easement
may be revised or terminated;
4)
Explanation of 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 benefiting from the solar easement
in the event of interference with the easement.
(c)
If required, an ASES owner and/or operator must obtain any solar
easements necessary to guarantee unobstructed solar access by separate
civil agreements with adjacent property owners.
(10)
Prior to the issuance of a zoning permit, applicants must acknowledge
in writing that the issuing of said permit for a solar energy system
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: a) 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 b) the
right to prohibit the development on or growth of any trees or vegetation
on such property.
(11)
Decommissioning.
(a)
Each ASES and all solar-related equipment shall be removed within
12 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.
(b)
The ASES shall be presumed to be discontinued or abandoned if
no electricity is generated by such solar collector for a period of
12 continuous months.
(c)
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.
(12)
Permit Requirements.
(a)
Zoning/building permit applications shall document compliance
with this section 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.
(b)
The zoning/building 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 article.
(c)
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. In the event of a violation of any of the foregoing
provisions, the Zoning Officer shall give written notice specifying
the violation to the owner of the ASES to conform or to remove the
ASES.
B.
Roof-Mounted and Wall-Mounted Accessory Solar Energy Systems:
(1)
A roof-mounted or wall-mounted ASES may be located on a principal
or accessory building.
(2)
ASES mounted on roofs or walls of any building shall be subject
to the maximum height regulations specified for principal and accessory
buildings within each of the underlying zoning districts.
(3)
Wall-mounted ASES shall comply with the setbacks for principal
and accessory structures in the underlying zoning districts.
(4)
Solar panels shall not extend beyond any portion of the roof
edge.
(5)
Roof-mounted solar panels shall be located only on rear or side-facing
roofs as viewed from any adjacent street unless the applicant demonstrates
that, due to solar access limitations, no location exists other than
the street-facing roof where the solar energy system can perform effectively.
(6)
Roof-mounted solar panels may be located on front-facing roofs
as viewed from any adjacent street when approved. The applicant shall
demonstrate that, due to solar access limitations, no location exists
other than the street-facing roof where the solar energy system can
perform effectively.
(7)
For roof- and wall-mounted systems, the applicant shall provide
evidence that the plans comply with the Uniform Construction Code
and adopted Building Code of Elizabeth Township that the roof or wall
is capable of holding the load imposed on the structure.
C.
Ground-Mounted Accessory Solar Energy Systems:
(1)
Setbacks.
(a)
No part of any ASES shall be located closer than 10 feet to
any property line.
(b)
A ground-mounted ASES shall not be located in the required front
yard.
(c)
Elizabeth Township may authorize the installation of a ground-mounted
ASES in front of the principal building, outside the required front
yard, if the applicant demonstrates that, due to solar access limitations,
no location exists on the property other than the front yard where
the solar panel can perform effectively.
(2)
Height.
(a)
Freestanding ground-mounted ASES shall not exceed the maximum
accessory structure height of 15 feet.
(3)
Coverage.
(a)
The surface area of the arrays of a ground-mounted ASES, regardless
of the mounted angle of any solar panels, shall be considered impervious
and calculated in the lot coverage of the lot on which the system
is located.
(b)
The total surface area of the arrays of ground-mounted ASES
on the property shall not exceed more than 35% of the lot area.
(c)
The applicant shall submit a stormwater management plan that
demonstrates compliance with the municipal stormwater management regulations.
(4)
Screening.
(a)
Ground-mounted ASES shall be screened from any adjacent property
that is residentially zoned or used for residential purposes. The
screen shall consist of plant materials which provide a visual screen.
In lieu of a planting screen, a decorative fence meeting requirements
of the Zoning Ordinance may be used.
(5)
Appropriate safety/warning signage concerning voltage shall
be placed at ground-mounted electrical devices, equipment, and structures.
All electrical control devices associated with the ASES shall be locked
to prevent unauthorized access or entry.
(6)
Ground-mounted ASES shall not be placed within any legal easement
or right-of-way location, or be placed within any stormwater conveyance
system or in any other manner that would alter or impede stormwater
runoff from collecting in a constructed stormwater conveyance system.
