Bern Township City Zoning Code
ARTICLE XVIE
Solar Electric Energy Systems Overlay District
§ 184-132.26 Definitions.
For the purpose of this article, certain words herein are defined as follows:
Any solar collector or other solar energy device, or any structural design feature, mounted on a building's roof or facade or on the ground, and whose primary purpose is to provide for the collection, storage and distribution of solar electric energy for space heating and cooling, for water heating or for electricity.
SMALL-SCALE SYSTEMSSolar electrical energy systems installed for personal use in residences, commercial properties and institutions.
LARGE-SCALE SYSTEMSSolar electrical energy systems installed on large parcels of land for the purpose of generating revenue or utility-scale systems installed to benefit the community or an entire institution.
Radiant energy (direct, diffuse and reflective) received from the sun.
§ 184-132.27 Purpose.
The purpose of this article is to provide for the safe and orderly construction and location of solar electric energy systems within the Township of Bern. This article pertains to small-scale solar electric energy systems installed for personal use in residential, commercial and institutional properties. It does not pertain to large-scale systems, including those installed primarily to generate a profit.
§ 184-132.28 Applicable zoning districts.
A.
Solar electric energy systems shall be permitted within all zoning districts of the Township of Bern subject to the regulations and conditions contained within this article.
(1)
Solar electric energy systems that are the primary use of a lot or large-scale solar electric energy facilities are governed by other ordinances of the Township of Bern.
§ 184-132.29 Conditions.
A.
Solar electric energy systems constructed prior to the effective date of this article shall not be required to meet the requirements of this section, provided that any structural change, upgrade or modification to an existing solar electric energy system that materially alters the size or placement of the existing solar electric energy system shall comply with the provisions of this section.
B.
Installation of a solar electric energy system shall not commence until both a zoning permit and a building permit that complies with the Pennsylvania Uniform Construction Code (UCC), Act 45 of 1999, as amended, and the regulations adopted by the Department of Labor and Industry have been issued.
C.
Township zoning approval is required for the construction of any solar electric energy facility that is an accessory use on any site or lot.
D.
The zoning permit application shall indicate the location of the proposed facility, including the percentage of roof coverage, if the facility is mounted on a building.
E.
The applicant shall demonstrate through project planning and proposed mitigation that a proposed facility's impacts will be minimized for surrounding properties and the community. This may include, but not be limited to, information regarding site selection, facility design or appearance, buffering, and screening of ground-mounted electrical and control equipment.
F.
The height of roof-mounted systems on the principal or accessory buildings shall not extend more than 10 feet above the finished roof to which it is mounted.
[Amended 7-5-2022 by Ord. No. 338-2022]
G.
Applicants wishing to install roof-mounted or side-mounted panels to the facade of a structure must present a letter from an engineer attesting that the structure can support the panels and that the system for mounting the panels, i.e., roof or awning, is sound.
H.
No solar electric energy system shall be attached to a tree or any other natural object or structure not intended to support such a facility.
I.
Solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties and roadways.
J.
Construction of any solar electric energy systems facility shall comply with all applicable rules, laws and regulations of the United States Federal Aviation Administration. Documentation of compliance shall be provided to the Township if requested.
K.
Solar electric energy systems shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.
L.
Solar electric energy systems shall not display advertising, except for reasonable identification of the facility manufacturer.
M.
Ground-mounted solar electric energy systems shall not be categorized as accessory buildings.
N.
The height of ground-mounted solar electric energy systems shall not exceed 20 feet.
O.
No more than 20% of a lot may be covered with a ground-mounted solar electric energy system; and total lot coverage must not exceed the maximum permitted within the underlying zoning district; and any additional stormwater runoff created by the installation of the solar electric energy system shall comply with Chapter 149 of the Bern Township Code.
P.
Methods shall be utilized to prevent soil erosion at the leading edge of the solar electric energy system panels, including rain diffusers, the placement of plantings on the ground or erosion-resistant material such as gravel.
Q.
Solar electric energy systems must satisfy the minimum zoning district setback requirements.
R.
No solar electric energy system shall be installed immediately adjacent to a swimming pool or other open body of water.
S.
Noise from any solar electric energy system shall not exceed 55 decibels at the lot line, unless all affected adjacent property owners shall have executed a nondisturbance easement, covenant, or consent which has been recorded in the office of the Recorder of Deeds of Berks County.
T.
All electrical components of solar electric energy systems shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards. Transmission and power lines shall be placed underground or out of sight.
U.
The Township's Zoning Officer shall handle public inquiries and complaints regarding solar electric energy systems.
V.
A solar electric energy system that has been abandoned (meaning not having been in operation for a period exceeding six months) or is defective or that is deemed to be unsafe by the Township Building Code Official shall be required to be repaired by the owner to meet federal, state, and local safety standards, or be removed by the property owner within the time period allowed by the Township's Building Code Official. If the owner fails to remove or repair the defective or abandoned solar electric energy system, the Township may pursue a legal action to have the system removed at the owner's expense.