East Bradford Township
City Zoning Code
City Zoning Code
ARTICLE XXIV
Alternative Energy
§ 115-149 Purpose.
The purpose of this article is to provide for the use of solar energy, including specifications related to the land development, installation and construction of solar energy systems in East Bradford Township, subject to reasonable conditions to protect the public health, safety, and welfare. This section applies to solar energy systems to be installed and constructed on any property.
§ 115-150 Applicability.
A.
This article applies to any Solar Energy System installed and constructed after the effective date of the article.
B.
A solar energy system constructed prior to the effective date of this article shall not be required to meet the requirements of this article.
C.
Any repair, upgrade, modification, or structural change that alters the size or placement of an existing solar energy system shall comply with the provisions of this article.
D.
No person shall install, construct or otherwise implement any solar energy system(s) for a building or structure, residential or commercial, within the Township, without first obtaining a permit from the Township. No person shall repair or modify any existing solar energy system(s) in the Township without first obtaining a permit from the Township.
E.
All applicants for solar energy system(s) permits shall pay all fees for application and inspection as established by resolution of the Board of Supervisors, from time to time.
§ 115-151 Regulations.
All solar energy systems installed and/or repaired or modified within the Township after the effective date of this article shall comply with all of the following:
A.
Applicants shall comply with all applicable East Bradford Township Building Code requirements for solar energy systems, in addition to the requirements of this section. In the event of a conflict between the provisions of this section and the East Bradford Township Building Code, the East Bradford Township Building Code shall control.
B.
In the zoning districts where solar energy systems are permitted, they shall be permitted only as an accessory use to the principal use of the lot and shall be located on the same lot as the principal use which they serve, subject to compliance with the following conditions:
(1)
There shall be no commercial use of solar energy systems. Solar energy systems shall not generate energy in excess of 125% of the estimated peak energy need of the principal use of the property.
[Amended 9-13-2011 by Ord. No. 3-2011]
(2)
Except as permitted by conditional use in accordance with § 115-151D below, the area of any ground-mounted solar energy system(s) on any single lot shall not exceed a total of 500 square feet cumulatively and shall not be placed in a front yard.
(3)
The solar energy system shall be connected to the public utility supply (grid).
(4)
In addition to the limitations found in subsection B(2), the area of a ground-mounted solar energy system shall be calculated as building coverage and shall not exceed the building coverage of the underlying zoning district. The area of a ground-mounted solar energy system is the dimension of the footprint of the cumulative solar panel(s). Where two or more panels are grouped together, the dimensions (length and/or width) shall be the cumulative dimension of the panels.
(5)
Energy generated in excess of the requirements of the principal use of the property may be purchased or acquired by a public utility in accordance with the law or other government regulations.
(6)
Solar energy systems shall comply with the area and bulk regulations of the underlying zoning district.
(7)
Solar energy systems shall be promptly removed and properly disposed of when damaged or otherwise no longer in use.
(8)
No point of a ground-mounted solar energy system or its support structure shall exceed a height of 15 feet.
(9)
A roof-mounted solar energy system shall not extend beyond the existing overhangs of the structure to which it is attached.
(10)
The solar energy system shall comply with the Pennsylvania Uniform Construction Code, Act 45 of 1999, as amended.
(11)
The design of the solar energy system shall conform to applicable industry standards.
(12)
All exterior electrical and/or plumbing lines serving ground-mounted solar energy systems shall be buried below the surface of the ground and be placed in a conduit.
(13)
If a solar energy system is proposed to be located within 100 feet of a Class I, Class I DOE or Class II Historic Resource, the system shall be approved by the Board of Supervisors following recommendation from the Historical Commission.
(14)
A solar energy system shall be located to ensure solar access without reliance on adjacent properties.
(15)
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 Township upon the recording of any such easement(s). All solar access easements shall be recorded in the office of the Chester County Recorder of Deeds.
C.
In the I Industrial Zoning District, solar energy systems shall be permitted as a principal commercial use, subject to compliance with the conditions listed in § 115-151B(3) through (15) above.
D.
With the exception of solar energy systems located in the I Industrial District, as provided in § 115-151C above, ground-mounted solar energy systems in excess of 500 square feet cumulatively and/or any system(s) that are proposed to be placed in a front yard may be permitted by conditional use by the Board of Supervisors, subject to compliance with the following qualifying conditions:
(1)
Ground-mounted solar energy systems shall be set back a minimum of 100 feet from property lines and road rights-of-way unless the Board of Supervisors determines that the existing topography and/or landscaping provide an adequate barrier from the roadway.
(2)
Where a ground-mounted solar energy system is located less than 150 feet from a property line and/or road right-of-way, a perimeter buffer yard shall be provided along such property line(s) and or road right(s)-of-way in accordance with § 115-45.1F of the Code, unless the Board of Supervisors determines that the existing topography and/or landscaping provide an adequate buffer.