Downingtown City Zoning Code
ARTICLE XXVI
Solar Energy Systems
§ 287-168 Intent.
The purpose of this article is to promote the use of solar energy and to provide for the land development, installation, and construction of solar energy systems in the Borough of Downingtown, subject to reasonable conditions, that will protect the health, safety and welfare of Borough residents.
§ 287-169 Applicability; permit required; fees; permitted accessory use; compliance in Historic Overlay Resources District.
A.
This article applies to solar energy systems to be installed and constructed after the effective date of this article.
B.
(Reserved)
C.
Solar energy systems may be installed or constructed upon receipt of the necessary permits, including but not limited to construction, electrical, and/or mechanical permits, and review and approval by the Borough Engineer. Any person repairing or modifying an existing solar energy system shall obtain the necessary permits after review and approval from the Borough Engineer.
D.
All applicants for solar energy systems shall pay all fees for application and inspection as established by resolution of Borough Council, from time to time.
E.
Solar energy systems shall be a permitted accessory use in all zoning districts and shall be located on the same lot as the principal use.
F.
Solar energy systems proposed in the Historic Resources Overlay District shall comply with the procedures of § 287-101.3 and be reviewed by the Borough Council.[1]
[1]
Editor's Note: Reference to the "Historical and Parks Commission" was removed and replaced with the "Borough Council," pursuant to Ord. No. 2014-03, adopted 2-5-2014, which repealed the Historical and Parks Commission and vested all authority formerly assigned to it in the Borough Council or Borough staff as directed by Borough Council.
§ 287-170 Permit application; system design; installation.
A.
An applicant who seeks to install a solar energy system shall submit to Borough staff the Borough application, photographs of the existing conditions of the property, renderings of the proposed solar energy equipment, and a site plan. The same materials shall also be submitted with any application for repair or modification of an existing solar energy system. The Borough Engineer may, at his or her discretion, request additional information. After review by Borough staff, the application shall be submitted to the Borough Planning Commission and Borough Engineer for review.
B.
To the extent applicable, the solar energy system shall comply with the Pennsylvania Uniform Construction Code, as amended, and its regulations. Where the Pennsylvania Uniform Construction Code and its regulations are more stringent than this article, the Pennsylvania Uniform Construction Code and its regulations shall control.
C.
The design of the solar energy system shall conform to applicable industry standards.
D.
Installer qualifications.
(1)
A qualified solar energy system installer shall meet one of the following requirements:
(2)
The same standards shall apply to any individual repairing or modifying an existing solar energy system.
E.
A glare study may be requested as part of the permit process for any solar energy system application for review by the Borough Engineer, Borough staff and Borough Planning Commission.
F.
Reflection/sun glare from the solar energy system shall in no way affect an adjacent lot, structure, or roadway. The applicant shall be responsible to eliminate or mitigate any glare or reflection affecting an adjacent lot, structure or roadway.
G.
Where necessary to ensure that solar access to any solar energy system(s) shall not be obstructed over time by permissible uses or activities on any adjacent property (i.e., by planting or growth of vegetation, new construction, etc.), it shall be the responsibility of the owner of the solar energy system(s) to obtain appropriate solar access easement(s) from neighboring property owner(s) and to notify the Borough upon the recording of any such easement(s). All solar access easements shall be recorded in the Office of the Recorder of Deeds for Chester County.
H.
Solar energy systems shall be promptly removed when damaged or no longer in use.
§ 287-171 Placement of solar energy systems.
Solar energy systems shall meet the requirements of this article and all other applicable construction codes.
A.
Ground-mounted solar energy systems.
(1)
A ground-mounted solar energy system shall comply with all setback and height requirements for the zoning district where the solar energy system is to be installed.
(2)
A ground-mounted solar energy system shall not exceed 600 square feet.
(3)
A ground-mounted solar energy systems shall only be permitted on parcels larger than one acre.
(4)
All exterior electrical and/or plumbing lines shall be buried below the surface of the ground and be placed in a conduit.
(5)
A ground-mounted solar energy system must comply with the accessory structure restrictions for the zoning district where the ground-mounted solar energy system is located.
(6)
A ground-mounted solar energy system shall be installed in the rear of the property.
(7)
A ground-mounted solar energy system shall not exceed a height of 10 feet above the ground.
(8)
The applicant shall notify adjacent property owners of the application for a solar energy system by certified mail, return receipt requested, at the address on file with the Tax Assessment Office. The return receipts shall be made available to the Borough upon request.
B.
Roof-mounted solar energy systems.
(1)
A roof-mounted solar energy system shall conform to the height regulations of the zoning district where the solar energy system is installed.
(2)
All exterior electrical and/or plumbing shall be painted in a color scheme that matches as closely as reasonably possible the color of the structure and the materials adjacent to the lines.
(3)
On angled roofs, the solar energy system shall not project vertically above the peak of the roof to which it is attached.
(4)
On flat roofs, the solar energy system shall not project greater than two feet above the highest peak or parapet.
(5)
On pitched roofs, the solar energy system shall be installed in the plane of the roof (flush mounted) or made part of the roof design (i.e., solar shingles).
(6)
Solar energy systems shall be constructed in a way that permits fire and emergency response to have adequate access to the roof of the structure, to be approved by the Borough Engineer.
§ 287-172 Nonconforming solar energy systems; exclusions.
A.
Solar energy systems constructed prior to the effective date of this article shall not be required to meet the requirements of this article.
B.
Any repair, upgrade, modification, or structural change that materially alters more than 20% of the area of an existing solar energy system shall comply with the requirements of this article.