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Clifton Township Lackawanna County
City Zoning Code

PART 12

Solar Energy Systems

§ 27-1201. Applicability.

   1.   This Part applies to solar energy systems to be installed and/or constructed after the effective date of this Part.
   2.   A conditional use hearing is required prior to a permit being issued for commercial zoned areas. No conditional use hearing is required for a residential use area.
   3.   A solar energy system shall not be constructed until a building/zoning permit is issued.
   4.   Before any construction can commence on any solar energy system, the property owner must acknowledge that he/she is the responsible party for owning and maintaining the solar energy system.
   5.   The design of the solar energy system shall conform to applicable standards. A building permit shall be obtained for a solar energy system per the Pennsylvania Uniform Construction Code (UCC) Act 45 of 1999, as amended, and the 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 the grid interconnection and net metering policies. The applicant shall submit certificates of design compliance obtained by the equipment manufacturer from a certifying organization and any such design certified by an engineer registered in the Commonwealth of Pennsylvania.
   6.   Solar panels shall be places such that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways.
   7.   A solar energy system connected to the utility grid shall provide written authorization from the local utility company to Clifton Township acknowledging and approving such condition.
   8.   Roof mounted solar panels are permitted in all zoning districts.
(Ord. 1-2023, 3/9/2023, §2)

§ 27-1202. Roof Mounted Solar Energy Systems.

   1.   A solar energy system may be roof mounted.
   2.   A roof mounted system may be mounted on a principal building. A roof mounted system may not exceed the maximum principal building height and in no instance shall any part of the solar energy system extend beyond the edge of the roof.
(Ord. 1-2023, 3/9/2023, §3)

§ 27-1203. Ground Mounted Solar Energy Systems.

   1.   A solar energy system may be ground mounted.
   2.   A ground mounted system shall not exceed the maximum building height for accessory buildings.
   3.   The surface area of the ground mounted system, regardless of the mounted angle, shall be calculated as part of the overall lot coverage.
   4.   All power transmission lines from the ground mounted solar energy system to any building or other structure shall be located underground.
   5.   The minimum solar energy system setback distance from the property lines shall be equivalent to the building setback or accessory building setback requirement of the underlying zoning district. The more restrictive setback will apply.
   6.   Mechanical equipment shall be screened from any adjacent property that is residential. The screen shall consist of shrubbeiy, trees, or other non-invasive plant species which provided a visual screen. In lieu of a planting screen, a decorative fence meeting the requirements of the Zoning Ordinance may be used. See §27-705 Lot and Yard Requirements, of the Clifton Zoning Ordinance.
   7.   Mechanical equipment shall not be located within the minimum front yard setback of the underlying zoning district.
   8.   If a ground mounted energy system has been abandoned (meaning not having been in operation for a period of 6 months) or is defective or is deemed to be unsafe by the Clifton Township Building Code Official, the solar energy system shall be required to be repaired by the owner to meet Federal, State, and local safety standards, or to be removed by the property owner within a time period allowed by the Clifton Township Building Code Official. If the owner fails to remove or repair the defective or abandoned system, the township may pursue legal action.
(Ord. 1-2023, 3/9/2023, §4)

§ 27-1204. Commercial Solar Power Generation.

   1.   Permits.
   A.   Commercial solar power generation may be permitted in commercially zoned areas of Clifton Township.
   B.   A permit shall be required for every solar power facility installed in Clifton Township.
   2.   Standards and Design.
   A.   The minimum parcel size shall be 10 acres.
   B.   The setback for solar collectors, all structures, equipment, and containers, and any associated mechanical facilities shall be 100 feet from property lines.
   C.   The maximum lot coverage shall be 75 percent and the area of the solar collectors shall be included in the calculation of the lot coverage.
   D.   Landscaping may be required to screen as much of the solar power facility ground features as possible.
   3.   Licenses; Other Regulations.
   A.   The applicant shall demonstrate that it has obtained the required licenses from governing local, State and Federal agencies, and agreement from the local electric utility. The applicant shall document compliance with all applicable local, State and Federal regulations. The applicant shall submit the name, address, and emergency telephone number for the operator of the solar power facility.
   B.   The applicant shall document that radio, television, and telephone or reception of similar signals for nearby properties shall not be disturbed or diminished, and this may be accomplished by remedial measures instituted by the solar power facility developer.
   C.   The applicant shall provide details about anticipated glare from the facility, including the time of day, time of year, and direction of peak glare periods and document how potential nuisances to area properties and on public roads shall be controlled.
   D.   The design of the solar power 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 manufactures from underwriters laboratories, or other similar certifying organizations. The operator shall repair, maintain, and replace the solar collectors and associated equipment in the manner as needed to keep the facility in good repair and operating condition.
   E.   The solar power facility shall comply with the Pennsylvania Uniform Construction Code.
   F.   Electrical components of the solar power facility shall conform to relevant and applicable local, state, and federal codes.
   G.   A clearly visible warning sign concerning voltage shall be placed at the base of all pad mounted transformers and substations. Visible, reflective, colored objects, such as flags, reflectors, or tape, shall be placed on the anchor points of guy wires and along the guy wires up to a height of 10 feet from the ground.
   H.   No advertising material or signs other than warning, manufacturer, and equipment information or indication of ownership shall be allowed on any equipment or structures.
   I.   On-site transmission and power lines shall, to the greatest extent possible, be placed underground.
   J.   The operator shall use good industry practices to minimize the impact, if any, of stray voltage and/or EMF.
   K.   The applicant shall provide details about any fire suppression system installed in any accessory structure or equipment container associated with the solar power facility. Upon request, the applicant shall cooperate with emergency services to develop and coordinate implementation of an emergency response plan for the solar power facility.
   L.   A full site plan shall be required for all solar power facility sites, showing the solar power facility, fencing, screening, buffers, access, and all other items required by this Part.
   M.   The solar power facility owner and operator shall maintain a phone number and identify a responsible person for the public to contact with inquiries and complaints throughout the life of the project, and the solar power facility owner and operator shall make reasonable efforts to respond to the public’s inquires and concerns.
   N.   If any facility ceases to be used, the owner, or operator or then owner of the land, shall be required to remove the same within 90 days from the abandonment of use. Failure to do so shall authorize the township to remove the facility and assess the cost of the removal to the foregoing parties.
(Ord. 1-2023, 3/9/2023, §5)

Zoning Map Amendments

 
Ord./Res.
Date
Subject
Ord. 1-1996
4/13/1996
Adding “CT - Communication Towner Overlay District” to the map and redesignating certain areas of the R-1 and I General Zoning Districts as CT-1 and CT-2 Overlay Districts areas.
Ord. 2-2010, Item 2
9/9/2010
Changing the zoning district classification of a certain area of the R-1 Low Density, Single Family Housing Residential District overlain by the CT-2 Communications Tower Overlay District to the CT-RT - Communications Tower - Race Track Overlay District as shown on the diagram as it appears in Ord. 2-2010, Item 2.