Logan Township City Zoning Code
PART 17
SOLAR ENERGY SYSTEMS
§ 1701 Title.
[Added by Ord. No. 06-27-24]
This Part shall be known as the "Logan Township Solar Energy System Ordinance for Logan Township."
§ 1702 Purpose.
[Added by Ord. No. 06-27-24]
The purpose of this Part is to facilitate the siting, development, construction, installation, and decommissioning of solar energy systems (SESs) in a manner that promotes and protects the safety, health, and welfare of the community. This Part encourages the appropriate citing of SESs to bolster local economic development and job creation, diversify the state's energy portfolio, strengthen energy and grid security, and reduce other environmental impacts. The appropriate siting of SESs establishes standards and requirements to assure that the use and enjoyment of lands located adjacent to and in the proximity of SESs are fully protected.
The requirements of this Part are intended to be supplemental to any safety, health, or environmental requirements of federal, state, or local laws, and regulations.
§ 1703 All Solar Energy Systems.
[Added by Ord. No. 06-27-24]
The following regulations apply to all solar energy systems including principal solar energy systems and accessory solar energy systems:
1.
Solar energy systems permitted prior to the effective date of this section shall not be required to meet the terms and conditions of this Part. Any physical modification to an existing solar energy system, whether or not existing prior to the effective date of this section that materially alters the solar energy system shall require approval under this Part. Routine maintenance or like-kind replacements do not require a permit.
2.
Building permits obtained under the Township's adoption of the Uniform Construction Code are required for all solar energy systems.
3.
Upon completion of installation, the solar energy system shall be maintained in good working order in accordance with Township ordinances. Failure of the property owner to maintain the solar energy system in good working order is grounds for appropriate enforcement actions by the Township.
4.
All on-site transmission and plumbing lines shall be placed underground to the extent feasible.
5.
Glare.
A.
All solar energy systems shall be placed such that concentrated solar radiation or glare does not project onto nearby structures or roadways. Exterior surfaces shall have a nonreflective finish.
B.
The applicant has the burden of proving that any glare produced does not have significant adverse impact on neighboring or adjacent uses either through siting or mitigation.
6.
No portion of the solar energy system shall contain or be used to display advertising. The manufacturer's name and equipment information or indication of ownership shall be allowed on any equipment of the solar energy system provided they comply with the prevailing sign regulations.
7.
Decommissioning.
A.
The solar energy system owner is required to notify the Township, in writing, immediately upon cessation or abandonment of the operation. The solar energy system shall be presumed to be discontinued or abandoned if no electricity is generated by such system for a period of 12 continuous months.
B.
The solar energy system owner shall then have six months from abandonment, unless otherwise extended by the Township, in which to dismantle and remove the solar energy system including all solar related equipment or appurtenances related thereto, including, but not limited to, buildings, cabling, electrical components, roads, foundations and other associated facilities from the property. If the owner fails to dismantle and/or remove the solar energy system within the established timeframes, the Township may complete the decommissioning at the owner's expense.
8.
Prior to the issuance of a zoning or building permit, solar energy system applicants must acknowledge in writing that the issuing of said permit shall not and does not create in the property owner, its, his, her or their successors and assigns in title or, create in the property itself, either of the following:
A.
The right to remain free of shadows and/or obstructions to solar energy caused by development of adjoining or other property or the growth of any trees or vegetation on such property; or
B.
The right to prohibit the development on or growth of any trees or vegetation on such adjoining or other property.
This acknowledgement shall be submitted to the Township for all solar energy systems. |
9.
Solar Easements.
A.
Where a subdivision or land development proposes a solar energy system, solar easements may be provided. Said easements shall be in writing and shall be subject to the same conveyance and instrument recording requirements as other easements.
B.
If necessary, a solar energy system owner and/or operator must obtain any solar easements necessary to guarantee unobstructed solar access by separate civil agreement(s) with adjacent property owner(s).
§ 1704 Principal Solar Energy Systems (PSES).
[Added by Ord. No. 06-27-24]
1.
Regulations Applicable to All Principal Solar Energy Systems.
A.
PSES are permitted in the Industrial zoning district.
B.
PSES are permitted in the Agricultural District with the following restrictions:
(1)
The property upon which the PSES will be developed shall be a minimum of 25 acres in size.
(2)
No more than 50% of the parcel may be used for development of the PSES.
(3)
Solar panels shall be set back from the nearest occupied residential building located on a nonparticipating landowners property, a distance of not less than 150 feet measured from the outer edge of the solar panel nearest to the occupied building to the nearest point on the foundation of the occupied building.
(4)
The PSES cannot be developed on land that has a slope greater than 15%.
(5)
The PSES cannot be developed within 50 feet of the top of bank of any stream, river, drainage corridor, FEMA delineated floodway or delineated wetland unless an encroachment permit is obtained through DEP.
C.
Stormwater for a PSES shall be designed in accordance with Pennsylvania Department of Environmental Protection's (PADEP) Chapter 102 guidelines on permitting for solar panel farms.
D.
Permit Requirements.
(1)
PSES shall comply with the municipal subdivision and land development ordinance requirements through submission of a land development plan. The installation of PSES shall be in compliance with all applicable permit requirements, codes and regulations.
(2)
The PSES owner and/or operator shall repair, maintain and replace the PSES and related solar equipment during the term of the permit in a manner consistent with industry standards as needed to keep the PSES in good repair and operating condition.
E.
Decommissioning.
(1)
At the time of issuance of the permit for the construction of the PSES, the owner shall provide financial security in the form and amount acceptable to the Township to secure its obligations under this section.
(a)
An independent and certified professional engineer shall be retained to estimate the total cost of decommissioning ("decommissioning costs") without regard to salvage value of the equipment, and the cost of decommissioning net salvage value of the equipment ("net decommissioning costs").
(b)
The facility owner or operator shall post and maintain decommissioning funds in an amount equal to net decommissioning costs, provided that at no point shall decommissioning funds be less than 50% of decommissioning costs. The decommissioning funds shall be posted and maintained with a bonding company or federal or Commonwealth chartered lending institution chosen by the facility owner or operator and participating landowner posting the financial security, provided that the bonding company or lending institution is authorized to conduct such business within the Commonwealth and is approved by Logan Township.
(c)
On every fifth anniversary of the date of providing the decommissioning financial security the PSES owner shall provide an updated decommission cost estimate, with adjustments for inflation and cost and value changes. If the decommissioning security amount changes, the PSES owner shall remit the increased financial security to the Township within 30 days of the approval of the updated decommissioning security estimate by the Township.
(d)
Decommissioning security estimates shall be subject to review and approval by the Township and the PSES developer/owner shall be responsible for administrative, legal, and engineering costs incurred by the Township for such review.
(f)
Prior to approval of any plan or permit for a PSES, the PSES developer shall enter into a decommissioning agreement with the Township outlining the responsibility of the parties under this agreement as to the decommissioning of the PSES.
F.
Dimensional Requirements.
Requirement | Dimension |
|---|---|
Minimum Lot Size | 25 acres |
Minimum Setbacks | 50 feet (front, rear and side) |
Maximum Height | 20 feet at maximum tilt |
H.
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 in a constructed stormwater conveyance system.
I.
Security.
(1)
All ground-mounted PSES shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate. The fence shall meet setback requirements for the use.
(2)
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 informing individuals of potential voltage hazards.
J.
Access.
(1)
At a minimum, a twenty-five-foot-wide access road must be provided from a state or municipal roadway into the site.
(2)
A twenty-foot-wide access road should be provided inside the fence around the entire perimeter of the site. Access/maintenance roads within the site shall be a minimum of 15 feet wide, interconnected where practical, and include adequate space for the turning movements of emergency service vehicles. The local fire department and Township Emergency Management Coordinator shall review the site plans to determine if emergency access is satisfactory.
(3)
Access to the PSES shall comply with the municipal access requirements in the Subdivision and Land Development Ordinance.
K.
PSES shall not be artificially lighted except to the extent required for safety or applicable federal, state, or local authority.
L.
The owner of a PSES shall provide the Township written confirmation that the public utility company to which the PSES will be connected has been informed of the customer's intent to install a grid connected system.
M.
The applicant shall provide the local site contact with phone number, a copy of the project summary, and the site emergency response plan to the Township and local emergency service providers.
2.
Roof- and Wall-Mounted Principal Solar Energy Systems.
A.
For roof- and wall-mounted systems, the applicant shall provide evidence that the plans comply with the Uniform Construction Code and adopted building code of the Township that the roof or wall is capable of holding the load imposed on the structure.
B.
PSES mounted on the roof or wall of any building shall be subject to the maximum height regulations of the underlying zoning district.
§ 1705 Accessory Solar Energy Systems (ASES).
[Added by Ord. No. 06-27-24]
1.
Regulations Applicable to All Accessory Solar Energy Systems.
A.
ASES shall be permitted as a use by right in all zoning districts. The ASES shall have a maximum power rating as determined by the local utility provider.
B.
Permit Requirements.
(1)
Zoning/building permit applications shall document compliance with this section and shall be accompanied by drawings showing the location of the system on the building or property, including property lines. Permits must be kept on the premises where the ASES is constructed.
(2)
The zoning/building permit shall be revoked if the ASES, whether new or pre-existing, is moved or otherwise altered, either intentionally or by natural forces, in a manner which causes the ASES not to be in conformity with this Part.
(3)
The ASES must be properly maintained and be kept free from all hazards, including, but not limited to, faulty wiring, loose fastenings, being in an unsafe condition or detrimental to public health, safety or general welfare. In the event of a violation of any of the foregoing provisions, the Zoning Officer shall give written notice specifying the violation to the owner of the ASES to conform or to remove the ASES.
2.
Ground-Mounted Accessory Solar Energy Systems.
A.
Setbacks.
(1)
The minimum yard setbacks from side and rear property lines shall be equivalent to the accessory structure setback in the zoning district.
(2)
A ground-mounted ASES shall not be located in the required front yard setback.
(3)
A ground-mounted ASES may be located in the portion of the yard in front of the principal building and outside of the required front yard. The Zoning Officer may authorize the installation of a ground-mounted ASES in front of the principal building, outside the required front yard setback, if the applicant demonstrates that, due to solar access limitations, no location exists on the property other than the front yard where the solar panel can perform effectively. This demonstration shall be in the form of a letter from the solar provider. When permitted, vegetative screening shall be provided. The screen shall consist of plant materials which provide a visual screen. In lieu of a planting screen, a decorative fence may be used. In the event the applicant does not agree with the decision of the Zoning Officer, the applicant shall file an appeal with the Zoning Hearing Board.
B.
Height.
(1)
Freestanding ground-mounted ASES shall not exceed the maximum accessory structure height in the underlying zoning district. ASES permitted to be located in the front yard shall not exceed a height of eight feet above the mean ground elevation surrounding the system.
C.
Appropriate safety/warning signage concerning voltage shall be placed at ground-mounted electrical devices, equipment, and structures. All electrical control devices associated with the ASES shall be locked to prevent unauthorized access or entry.
D.
Ground-mounted ASES 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 in a constructed stormwater conveyance system.
3.
Roof-Mounted and Wall-Mounted Accessory Solar Energy Systems.
A.
A roof-mounted or wall-mounted ASES may be located on a principal or accessory building.
(1)
On a roof sloped greater than 2:12, the panels shall not extend past the peak of the roof, must align with the pitch of the roof (not at an angle), and cannot be mounted more than eight inches above the roof.
(2)
On a roof sloped 2:12 or less, the panels shall not extend higher than three feet above the roof.
B.
Wall-mounted ASES shall comply with the setbacks for principal and accessory structures in the underlying zoning districts.
C.
Solar panels shall not extend beyond any portion of the roof edge, as measured vertically from the roof edge.
D.
Roof-mounted solar panels may be located on all sides of the roof.