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Covington Township Tioga County
City Zoning Code

PART 24

PRINCIPAL SOLAR ENERGY SYSTEM

§ 27-2401 Introduction.

[Ord. No. 1-2024, 8/12/2024]
Principal solar energy systems can be important alternative energy sources, and as such are a necessary land use. However, a PSES can occupy a large area and may be considered an intrusion upon the landscape, may contain hazardous materials, and may be difficult and/or costly to dismantle and remove. The challenge is to allow such systems at sites which are appropriate and compatible with surrounding land uses, and to provide for safe and effective means to assure a system will be completely dismantled and removed when it is no longer being used.

§ 27-2402 Standards and Requirements.

[Ord. No. 1-2024, 8/12/2024]
1. 
The following standards and requirements shall apply to every PSES:
A. 
Any PSES that is a valid, preexisting nonconforming use prior to the effective date of this Part shall be exempt from all requirements of this Part except for those relating to dismantling and removal. Any modification to any existing PSES that expands or materially alters the size or placement of the PSES, whether or not it is a valid, preexisting nonconforming use prior to the effective date of this Part, shall comply with all provisions of this Part.
B. 
The layout, design, and installation of every PSES shall conform to applicable industry standards, including without limitation those of the American National Standards Institute, Underwriters Laboratories, the American Society for Testing and Materials, the Institute of Electrical and Electronics Engineers, the Solar Rating and Certification Corporation, the Electrical Testing Laboratory, the Florida Solar Energy Center, and other similar certifying organizations, and shall comply with the Township's applicable building codes and ordinances, and all applicable fire and life safety requirements. A certified UCC code inspector shall perform all necessary inspections.
C. 
Each application for a PSES shall include the manufacturer specifications for the key components of the system.
D. 
All on-site utility transmission and plumbing lines shall be placed underground to the greatest extent possible.
E. 
The PSES owner shall provide the Township with written confirmation that the public utility company to which the PSES will be connected has been informed of and approved the PSES owner's proposed connection to the company's system. The PSES owner shall provide the Township with a copy of the final inspection report or other final approval from the public utility company before the Township will issue a certificate of use and occupancy for the PSES.
F. 
If a PSES is being used as an accessory use for commercial and/or industrial activity on another property, then the PSES owner shall inform the Township of the intended use of the PSES.
G. 
Signage shall comply with all applicable sign regulations.
H. 
Each PSES shall be situated to eliminate glare onto nearby structures and roadways.
I. 
Each PSES shall be designed and located to ensure solar access without reliance on and/or interference from adjacent properties.
J. 
A noise study shall be performed and the results included in the permit application. The noise study shall be performed by an independent noise study expert and paid for by the applicant. Noise from the PSES shall not be at a level which disturbs a reasonable person of normal sensitivities or which unreasonably interferes with a right common to the general public, and shall not constitute a danger or potential danger to the health, safety, or welfare of Township citizens.
K. 
No trees, vegetation, or other landscaping otherwise required by Township ordinances or attached as a condition of approval for any plan, application, or permit may be removed as part of the installation or operation of a PSES.
L. 
The PSES 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 PSES, shall provide this number and name to the Township, and shall make reasonable efforts to respond to all inquiries and complaints.
2. 
The following standards and regulations shall apply to every ground-mounted PSES:
A. 
The PSES shall comply with the minimum lot size requirements of the applicable zoning district.
B. 
The PSES shall comply with the setback requirements of the applicable zoning district for principal buildings.
C. 
The PSES shall comply with the building height restrictions of the applicable zoning district for principal buildings.
D. 
The following components of the PSES shall be considered impervious coverage and calculated as part of the impervious coverage limitations for the applicable zoning district: a) foundations systems, typically consisting of driven piles, monopoles, or helical screws, with or without small concrete collars; b) all mechanical equipment related to the PSES, including any structures for batteries or storage cells; and c) gravel or paved access roads servicing the PSES.
E. 
The PSES application shall include a stormwater management plan to demonstrate that stormwater from the PSES will infiltrate into the ground beneath the PSES at a rate equal to that of the infiltration rate prior to the placement of the PSES. The use of low-maintenance and/or low-growing vegetative surfaces under the PSES as a best practice for stormwater management is encouraged.
F. 
The PSES shall be screened from any adjacent property that is residentially zoned or used for residential purposes. The screen shall consist of either plant material or a fence that provides a visual screen.
G. 
The PSES 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 or moving in a stormwater conveyance system.
H. 
The PSES shall be completely enclosed by fencing at least eight feet high with a locking gate. A clearly visible warning sign shall be placed at the base of all pad-mounted transformers and substations, and on the fence surrounding the PSES, to inform individuals of potential voltage hazards. Such signs shall be kept free from vegetation and other obstructions so they are clearly visible at all times.
I. 
The cartway of all PSES access drives shall be wide enough for use by maintenance and emergency vehicles, at least 14 feet wide.
J. 
If the PSES is removed, any earth disturbance as a result of the removal must be graded and re-seeded.
3. 
The following standards and regulations shall apply to every roof-mounted PSES:
A. 
The applicant property owner shall provide the Township with written certification from an appropriately licensed and qualified professional that the roof is capable of safely holding the PSES load.
B. 
The PSES shall comply with the maximum height regulations of the applicable zoning district for principal and accessory buildings.
C. 
Solar panels shall not extend beyond any portion of the roof edge.

§ 27-2403 Decommission and Removal of a PSES.

[Ord. No. 1-2024, 8/12/2024]
1. 
A PSES and/or property owner shall notify the Township immediately upon cessation of operation of or abandonment of a PSES. A PSES shall be presumed to have ceased operation or been abandoned if no electricity has been generated by the system for a period of six consecutive months. Upon request by the Township, a PSES and/or property owner shall provide the Township with a written report setting forth the amount of energy generated by the PSES in the last 12 months.
2. 
Once a PSES has ceased operation or been abandoned, the PSES and/or property owner shall immediately begin to dismantle and remove from the property the PSES and all solar-related equipment and appurtenances thereto, including without limitation buildings, cabling, electrical components, roads, foundations, and other associated facilities, and everything shall be completely dismantled and removed from the property, and the property restored to its original condition, within six months. If the PSES and/or property owner fails to comply with this provision, the Township may complete the dismantling, removal, and/or restoration process at the PSES and/or property owner's expense, and may invoke its rights and seek any reimbursement, payments, or other compensation through the surety or through any other lawful enforcement method, including without limitation court costs and attorney's fees.
3. 
At the time of issuance of the permit for construction of a PSES, the property owner shall provide financial security to the Township in the form and amount acceptable to the Township to secure the dismantling and/or removal of the PSES, and any necessary restoration of the land to its original condition, which may include without limitation moving, removing, or depositing earth or gravel, grading, landscaping, and planting trees and other vegetation.

§ 27-2404 Administration.

[Ord. No. 1-2024, 8/12/2024]
1. 
No PSES may be constructed or operated without a valid permit from the Township.
2. 
Permit applications shall be signed by the applicant and the owner of the property where the PSES will be located, shall document compliance with this Part, shall be accompanied by a site plan showing the location of the PSES on the building or the property, which shall include property boundary lines, setback distances, fence and screening locations, and any other necessary information, shall be accompanied by photographs of the area where the PSES is to be constructed, and shall be accompanied by a land development plan that has been approved by the county.
3. 
Each permit application shall include a written evaluation and cost estimate for completely dismantling and removing the PSES from the property, prepared by an engineering firm qualified as an expert in dismantling and removing solar energy systems. Before the Township issues a permit and before any construction or operation of the PSES begins, the property owner shall, at its own cost and expense, obtain and maintain a bond or other form of financial security acceptable to the Township, from a surety licensed to do business in Pennsylvania, in an amount equal to 125% of the written cost estimate, plus any additional amounts the Township deems reasonably necessary depending on the specific circumstances and potential additional costs and expenses, to assure the faithful performance of the terms and conditions of this Part. The language in the bond or other financial security shall be reviewed and approved by the Township Solicitor, and shall provide that the Township may recover from the principal and surety any and all compensatory damages, costs, and expenses incurred by the Township for violations of this Part, including dismantling and removing the PSES, if necessary, after reasonable notice and opportunity to cure. Every five years the amount of the surety shall be increased by an amount corresponding with the rate of inflation over that five-year period. However, the property owner may submit a new or updated written evaluation and cost estimate for dismantling and removing the PSES from the property, prepared by an engineering firm qualified as an expert in dismantling and removing solar energy systems, and if accepted by the Township, the amount of the required surety shall be 125% of that written cost estimate, plus any additional amounts the Township deems reasonably necessary depending on the specific circumstances and possible additional costs and expenses.
4. 
All permits must be kept on the premises where the PSES is located.
5. 
The Township may revoke a permit if the PSES is moved or otherwise altered, whether intentionally, accidentally, or by natural forces, in a manner which causes the PSES to be in violation of any provisions of this Part or any other applicable Township ordinances, or state or federal laws or regulations. The Township may revoke a permit if the PSES is in violation of any provisions of this Part, or any applicable provisions of the Township's Zoning or other ordinances, including without limitation failure to pay applicable fees and costs or failure to provide the required surety.
6. 
The PSES shall be properly maintained and kept free from all hazards, including without limitation broken, faulty or loose wiring or fastenings, or any other unsafe condition that could be detrimental to public health, safety, or welfare.
7. 
The applicant shall pay all applicable fees for permit applications and inspections required by this Part or any other applicable Township ordinances. All applicable fee amounts shall be set by Township resolution.
8. 
Before receiving a permit from the Township, the applicant shall reimburse the Township for any actual fees or costs arising out of or related to a PSES conditional use request, including without limitation costs associated with engineering, zoning officer and/or building code official work, and legal fees.

§ 27-2405 Enforcement and Penalties.

[Ord. No. 1-2024, 8/12/2024]
Enforcement of violations of this Part and remedies and penalties for such violations shall be pursuant to the applicable provisions of the Township's Zoning Ordinance, including without limitation Part 22, Administration and Enforcement.