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North Whitehall Township
City Zoning Code

ARTICLE XIII

Solar Energy Systems

§ 440-114 Intent.

To provide regulations to promote the safe, effective and efficient use of alternate energy systems installed to reduce on-site consumption of utility-supplied energy and to reduce our carbon footprint as an accessory use while protecting the health, safety and welfare of adjacent properties and surrounding land uses.

§ 440-115 Solar energy systems.

The installation and construction of a solar energy system shall be subject to the following development and design standards:
A. 
A solar energy system is permitted in all zoning districts as an accessory use.
B. 
A solar energy system shall provide power for the principal use and/or accessory use of the property on which the solar energy system is located and shall not be used for the generation of power for the sale of energy to other users, although this provision shall not be interpreted to prohibit the sale of excess power generated from time to time to the local utility company.
C. 
The owner of a solar energy system connected to the utility grid shall provide written authorization from the local utility company acknowledging and approving such connection to the Zoning Officer.
D. 
A solar energy system may be roof-mounted or ground-mounted.
E. 
A roof-mounted system may be mounted on a principal building or accessory building. A roof-mounted system, whether mounted on the principal building or accessory building, may not exceed the maximum building height or accessory building height specified for the building type in the underlying zoning district. In no instance shall any part of the solar energy system extend beyond the edge of the roof.
F. 
The height of a ground-mounted solar system shall not exceed the following:
(1) 
Residential: 15 feet.
(2) 
Commercial and industrial: 20 feet.
G. 
The surface area of a ground-mounted system, regardless of the mounted angle, shall be included as part of the overall impervious lot coverage. The maximum impervious lot coverage of a solar energy system shall not exceed:
(1) 
Residential: 10% of the allowable lot coverage or 770 square feet, whichever is less.
(2) 
Commercial and industrial: 5% of the allowable lot impervious coverage.
H. 
A ground mounted-system or system attached to an accessory building shall not be located within the required front yard setback.
(1) 
The minimum solar energy system setback distance from the property lines of the parcel on which it is located shall be 15 feet.
I. 
The total number of solar panels and supporting equipment shall be considered as one solar energy system.
J. 
All mechanical equipment associated with and necessary for the operation of the solar energy system shall comply with the following:
(1) 
Mechanical equipment shall be screened from any adjacent property. The screen shall consist of shrubbery, trees, or other plant materials which provide a visual screen. In lieu of a planting screen, a decorative fence meeting the requirements of this chapter may be used.
(2) 
Mechanical equipment shall not be located within the minimum front yard setback of the underlying zoning district.
(3) 
Mechanical equipment shall be set back from the rear and side property lines of the parcel on which it is located, no less than the dwelling set back distances provided in this chapter for the zoning district in which the subject parcel is located.
K. 
Solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways.
L. 
Solar panels shall not be placed in the vicinity of an airport in a manner that would interfere with airport flight patterns. Acknowledgement from the Federal Aviation Administration may be required.
M. 
All power transmission lines from a ground mounted solar energy system to any building or other structure shall be located underground.
N. 
A solar energy system shall not be used to display advertising, including but not limited to signage, streamers, pennants, spinners, reflectors, ribbons, tinsel, balloons, flags, banners or similar materials. The manufacturer or installer's identification and any appropriate warning signs and placards may be displayed on the solar energy system, provided they comply with the prevailing sign regulations.
O. 
Certifications and inspections.
(1) 
A solar energy system shall not be constructed until a building permit has been approved and issued per the PA Uniform Construction Code (UCC).[1]
[1]
Editor's Note: See 34 Pa. Code Chapters 401 through 405.
(2) 
All wiring shall comply with the applicable version of the National Electric Code (NEC). The local utility provider shall be contacted to determine grid interconnection and net metering policies. The applicant shall submit to the Township certificates of design compliance obtained by the equipment manufacturer from a certifying organization, and any such design shall be certified by a qualified engineer registered in the Commonwealth of Pennsylvania.
(3) 
A qualified structural engineer shall provide certification to the Township that the weight load of the proposed solar energy system will be adequately supported. This requirement applies to all solar energy systems, including roof- and ground-mounted systems.
P. 
The solar energy system shall comply with all applicable Township ordinances and codes so as to ensure structural integrity of such solar energy system.
Q. 
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. If the solar energy system is abandoned or is in a state of disrepair, it shall be the responsibility of the property owner to remove or maintain the solar energy system.
R. 
Removal of solar energy systems.
(1) 
Any solar energy system which is in a state of disrepair and has not been active and in continuous service for a period of one year shall be removed from the property to a place of safe and legal disposal.
(2) 
All structures and enclosures accessory to the solar energy system shall also be completely removed from the property to a place of safe and legal disposal.