Solebury Township City Zoning Code

Wind energy systems shall be permitted in all zoning districts by conditional use as an accessory use provided that such systems are located on a lot with a permitted use in accordance with the applicable provisions of this Part.

Wind energy systems shall only be permitted as principal uses in and constructed in the LI (Light Industrial) District, on lots five acres or larger.

Wind energy systems shall be located no less than 125 feet (or 1.1 times the height of the device, whichever is greater) from a side or rear property line, no less than 125 feet (or 1.1 times the height of the device, whichever is greater) from overhead utility lines, no less than 150 feet (or 1.1 times the height of the device, whichever is greater) from a street line and no less than 1.5 times the height of the device, from any occupied building on the lot. In no case, however, shall a wind energy system be located within a front yard as defined in Ch. 27, Zoning, or within the minimum required side and/or rear yard. All wind energy systems constructed and installed shall be in the sole opinion of the Township in accordance with the conditional use requirements of the Township.

Notwithstanding anything to the contrary contained in the Conditional Use Standards and Criteria in Chapter 27, Part 29, additional notifications shall be provided per Chapter 1, Part 6, of the Township Code.

Wind energy systems attached to the roof or walls of an occupied structure are subject to additional scrutiny to ensure that nothing compromises the structural integrity of the existing structure.

There shall be a maximum of one ground mounted wind energy system as an accessory use on a single parcel of three acres or greater in all districts, except the RA District which shall have a minimum lot size of 1 1/2 acres, and shall not exceed that which will produce up to a maximum 100 KW of output, as determined by the public utility providing electric service to Solebury Township.

Maximum height of the ground mounted wind energy system, including all moving and rotating parts, shall be 100 feet, measured from the undisturbed ground elevation at the base of the device, to the highest point of the arc of the blade, helix, or to the top of the tower, whichever is greater, and shall not project 15 feet above the highest point of the roof.

Minimum distance between the undisturbed ground at the base of the device and any protruding blade shall be 15 feet, as measured at the lowest point of arc of the blades.

The lowest point of arc of the blades should clear the highest wind obstacle (rooftop, mature tree, etc.) within a 500-foot radius by at least 30 feet. The installation of the wind energy system shall utilize deterrents that are commercially reasonable to address such wind obstacles, if they exist, including taking into consideration the flight patterns of birds within the area of the proposed wind energy system.

All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access. The tower shall not provide steps or a ladder readily accessible to the public for a minimum height of 10 feet above the ground surface.

When a building is necessary for storage cells or related mechanical equipment, the building shall not exceed 150 square feet in area, shall not exceed eight feet in height and must not be located in any required front, side, or rear yards.

No artificial lighting (unless required by the Federal Aviation Administration), signage, or any forms of advertising shall be utilized or attached to the wind energy system.

Design and location of a wind energy system shall consider, to the greatest extent possible, the aesthetics of the surrounding environment. Solebury Township shall require submission of illustrations and photos depicting the color, size, shape, and architectural features of the proposed device; and submission of color photographs of the proposed tower location taken from view of all adjoining property lines and roads. The wind generator and the tower shall remain painted or finished in the color or finish that was originally applied by the manufacturer unless a different color or finish is required by Solebury Township.

A site plan, prepared, signed, and sealed by a qualified professional licensed as determined by the Township, shall be submitted, which identifies property lines, lot area, location of existing natural and manmade features, location of the proposed wind energy device, ownership information for adjoining properties, and setback measurements from property lines, street lines, and occupied buildings.

All utility lines, including electrical wires other than wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and the grounding wires, must be installed underground in accordance with National Electric Code (latest edition) and the prevailing standards of the servicing utility company.

Any wind energy system that is defective, or has been abandoned, that is deemed to be unsafe by the Township Building Code Official shall be required to be repaired by the landowner or operator to meet federal, state, and local safety standards, or be removed by the landowner or operator within six months of written notification from Solebury Township. If the landowner or operator fails to remove or repair the defective or abandoned wind energy system, within a period of one year from notice, Solebury Township may pursue a legal action to have the system removed at the owner's expense. For purposes of this subsection, abandoned shall mean that the wind energy system is not in use or has not been operational, for its intended purposes, for a period of at least six months.

A wind energy system, including tower, shall comply with all applicable state construction and electrical codes, and the National Electrical Code. Prior to issuance of a building/zoning permit for installation of the device, applicant must submit to Solebury Township all documentation required by the Solebury Township Building Code Official to verify that the design of the device complies with the Pennsylvania Uniform Construction Code (UCC), including, but not limited to, documentation of the structural integrity of the foundation, base, tower, and all appurtenant structures, and electrical design. Design information must be signed and sealed by a licensed professional engineer in the Commonwealth of Pennsylvania, and/or equipment manufacturer.

No small wind energy system shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

The use shall not interfere with the reception of any radio, television, or other communication equipment, nor inhibit solar access to adjacent properties for power and access to sunlight.

A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.

Visible, reflective, colored objects, such as flags, reflectors, or tape shall be placed on the anchor points of guy wires and along guy wires up to a height of 10 feet from the ground.

Noise levels shall not exceed those as defined under Chapter 10, Part 2, of the Solebury Township Code as well as noise levels based on manufacturer statements or warranties.

All wind energy systems shall be equipped with a redundant braking system. This includes both aerodynamic over speed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for over speed protection.

All wind energy systems shall primarily serve on-site generation needs unless otherwise approved by Solebury Township. If a hookup to a public or community utility system is proposed, electrical plans must be signed and sealed by a certified electrical engineer, at the applicant's expense, and submitted to the utility company and Solebury Township for approval.

The applicant shall make reasonable efforts to minimize or eliminate shadow flicker at the property line.

A nonparticipating landowner shall not intentionally block, interfere, or disrupt the functional operation from an existing wind energy system. If such action or event should occur, the matter shall be resolved as a civil dispute between the landowners and Solebury Township shall not be held responsible.

Above-ground alternative and emerging wind energy systems shall be clear-coated, transparent, and/or be designed with a non-obtrusive color such as white, off-white, or other color approved by the Township. All such systems shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.

Solar energy systems as described in this section shall be permitted in all zoning districts as an accessory use to a permitted principal use subject to the standards for accessory uses in the applicable zoning district and the specific criteria set forth in this section.

Solar energy systems shall only be permitted as principal uses in and constructed in the LI (Light Industrial) District on lots five acres or larger.

Notwithstanding the aforementioned, Solebury Township encourages the installation of solar energy systems in areas that have been previously cleared, brownfields, etc., and discourages clearing of wooded areas, forests and lands for the sole purpose of the installation of solar energy systems.

Solar energy systems shall be located on the same lot as the principal use.

Power generated by solar energy systems shall not exceed 50 kilowatts of maximum output capacity per principal residential use or 100 kilowatts of maximum output capacity per principal nonresidential use. There shall be no commercial use of the solar energy systems for generation of energy, except for energy purchased by a public utility in accordance with law or other government regulations.

All solar energy systems within a historic district or on a historic resource property shall be reviewed by the Historical Architectural Review Board (HARB), for its review, consultation and approval. Solar energy systems shall be installed in accordance with the guidelines listed below, as set forth by the National Trust for Historic Preservation's guidance in the application of solar panels on historic properties, the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Sustainability and the National Alliance of Preservation Commissions' Sample Guidelines for Solar Systems in Historic Districts. The overall objective of these guidelines is to ensure that all solar energy systems within historic districts or on historic resource properties preserve the character-defining features of the historic districts or historic resource properties while allowing for solar energy systems. Applicant shall consult with Township staff and a member of the HARB throughout the installation process.

The height of solar energy systems shall be measured from the average ground elevation to the maximum height of the solar panel(s) or other structural components of the solar energy system, as follows:

For solar energy systems on non-historic resource properties:

A site plan, prepared, signed, and sealed by a qualified professional licensed as determined by the Township, shall be submitted, which identifies property lines, lot area, location of existing natural and manmade features, location of the proposed solar energy system, ownership information for adjoining properties, and setback measurements from property lines, street lines, and occupied buildings.

Solar energy systems shall be located, designed, and installed as per the manufacturer's specifications, as well as all zoning, building code, utility requirements, and in accordance with the National Electric Code (latest version adopted in Pennsylvania) and the Pennsylvania Uniform Construction Code.

Solar energy systems shall, if possible, be located behind the front facade of the building occupying the permitted use. It is preferable that the ground-mounted solar energy system shall not be permitted in the front yard of the lot on which it is located unless the front yard shall exceed the size of the rear (or side) yard(s) and if the view scape of the front yard is not negatively impacted for both the landowner and the neighboring properties. The decision as to whether a solar energy system may be installed in any area but behind the front facade of the building occupying the permitted use shall be determined in the reasonable discretion of Solebury Township.

Solar energy systems shall be oriented such that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways, and shall comply with the environmental controls per Part 25, § 27-2512.N.

For purposes of determining compliance with building coverage standards of the applicable zoning district, the total horizontal projection area of all ground-mounted and free-standing solar collectors, including solar photovoltaic cells, panels, arrays, and inverters, shall be considered pervious coverage so long as pervious conditions are maintained underneath the solar photovoltaic cells, panels, and arrays.

A nonparticipating landowner shall not intentionally block, interfere, or disrupt the functional operation of an existing solar energy system. Owners of solar energy systems are encouraged but not required to obtain solar access easements from neighboring landowners to ensure solar access. When an applicant owns two or more adjacent lots, and at least one of those lots is proposed to utilize solar energy collection devices, the applicant must establish a solar access easement or a similar legal mechanism to make sure that structures or vegetation on one lot does not unreasonably obstruct solar access for the solar energy collection devices in the adjacent lot. The municipality does not guarantee and will not protect any individual property rights with respect to solar access. If such action or event should occur, the matter shall be resolved as a civil dispute between the landowners and Solebury Township shall not be held responsible.

A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.

Solar energy panels erected on a roof must be placed in accordance with all applicable codes and practices related to firefighting and be reviewed by the fire marshal or fire chief having jurisdiction in the municipality.

Under no circumstances shall the solar energy system extend beyond the edge of the roof, and shall be set back a minimum of three feet from the edges of roofs and roof ridgelines to ensure firefighters adequate access.

Solar energy systems shall have a dark finish such as gray, black, brown, or dark green in order to minimize potentially adverse visual impacts.

The owner of the solar energy system shall provide written authorization that the public utility company has been informed of the customer's intent to install an interconnected customer-owned generator and also approves of such connection.

All on-site utility and transmission lines shall, to the extent feasible, be placed underground.

Solebury Township residents depend on groundwater as a water supply source. Because geothermal systems are constructed in the ground or use groundwater, these systems create a potential for water supply and quality degradation. Therefore, the Board of Supervisors finds that the installation, use, and maintenance of geothermal systems are matters of legitimate concern with respect to public health, safety, and welfare, and that the regulation of installation and maintenance of geothermal systems is warranted.

It shall be unlawful to install a new geothermal well or modify an existing geothermal well without a valid permit.

Open-loop geothermal systems shall be prohibited. Closed-loop geothermal energy systems as described in this section shall be permitted in all zoning districts as a by right accessory use, provided that such systems are located on a lot with a permitted use in accordance with the applicable provisions of this Part and section.

Closed-loop geothermal energy systems shall be permitted as a principal use in and constructed in the LI (Lighting Industrial) District on lots five acres or larger.

A site plan, prepared, signed, and sealed by a qualified professional licensed as determined by the Township, shall be submitted, which identifies property lines, lot area, location of existing natural and manmade features, location of the proposed geothermal system, bore holes, ownership information for adjoining properties, and setback measurements from property lines, street lines, and occupied buildings.

Following the construction of any geothermal energy systems, an as-built site plan, prepared, signed, and sealed by a qualified professional licensed as determined by the Township, shall be submitted, which identifies property lines; lot area; location of existing natural and manmade features; location of the constructed geothermal system; depth of well from land surface; total well depth; casing length, type, material and volume; ownership information for adjoining properties, and setback measurements from property lines, street lines, and occupied buildings.

The geothermal system must be installed, maintained, and decommissioned in standards conforming to IGSHPA Closed-Loop/Geothermal Heat Pump Systems Design and Installation Standards, as same may be amended and updated from time to time and as per the manufacturer's specifications, as well as all zoning, building code, and utility requirements.

For all closed loop geothermal systems relying upon circulating fluids, only nontoxic, biodegradable circulating fluids such as food grade propylene glycol shall be permitted.

All horizontal closed loop systems shall be no more than 15 feet deep.

Geothermal systems shall not encroach on public drainage, utility roadway or trail easements of any nature.

Unless otherwise specified, geothermal system shall be located a minimum distance of 25 feet from any property line.

Above-ground equipment associated with geothermal pumps shall not be installed in the front yard of any lot or the side yard of a corner lot adjacent to a public right-of-way and shall meet all required setbacks for the applicable zoning district.

Only a Pennsylvania Department of Environmental Protection licensed well driller, or an IGSHPA-accredited geothermal system installer, shall conduct the drilling of a geothermal well. In all cases, the well drilling rig must also be approved by Pennsylvania Department of Environmental Protection.

Geothermal energy systems may be located on a lot with a permitted use provided that all structural components comply with the building setback requirements and lot coverage requirements of the zoning district on which it is located.

Minimum Isolation (Setback) Distance. Wells and boreholes regulated by this Part are encouraged to be located using the minimum isolation (setback) distances to existing or potential sources of pollution listed in Table 1. For closed-loop geothermal wells and boreholes, which due to infeasibility, cannot conform to the requirements of Table 1 (below), an appeal to the pertinent municipal official may be made detailing the infeasibility and the proposed location. Upon review, the Zoning Officer may reduce the required setback distances.

Closed-loop geothermal boreholes shall be located, drilled, and finished in a manner that will protect the borehole structure from damage from surface activities or other natural occurrences so that the quality of the local groundwater cannot be affected.

The minimum required backfilling material for boreholes is bentonite. Bentonite grout shall be pure, with at least 20% solids by weight when mixed with water. Hydration of the bentonite must be delayed until the bentonite has been placed down the well. It is recommended that the vertical boreholes are grouted from the bottom of the well to the top using an appropriate grout with thermal transfer properties. If the borehole penetrates bedrock, it must be grouted from a depth of 15 feet into the bedrock to the top of the borehole.

A nonparticipating landowner shall not intentionally block, interfere, or disrupt the functional operation of a geothermal system. If such action or event should occur, the matter shall be resolved as a civil dispute between the landowners and Solebury Township shall not be held responsible.

Discontinued Use. If a geothermal system remains nonfunctional or inoperative for a continuous period of one year (or longer timeframe where approved by the Township), the system/well piping should be drained of all heat transfer fluids and all well heads should be temporarily sealed and secured with a locking water-tight cap; unless the well is otherwise abandoned/sealed in accordance with BCDH/Township regulations. It is noted in either case that any heat transfer fluids shall be captured and disposed of in accordance with applicable regulations.

Wood-fired boilers, as defined under § 27-3202, Definitions, shall be permitted as a conditional use, as an accessory use, in residential districts with a minimum lot area of two acres or more as an alternative or emerging energy facility serving any residential use.

In no case shall a wood-fired boiler be permitted closer than 150 feet to any property line.

A site plan, prepared, signed, and sealed by a qualified professional licensed as determined by the Township, shall be submitted, which identifies property lines, lot area, location of existing natural and manmade features, location of the proposed wood-fired boiler, ownership information for adjoining properties, and setback measurements from property lines, street lines, and occupied buildings.

Wood-fired boilers shall be a Phase 2 type, as certified by the United States Environmental Protection Agency (EPA) as meeting a particulate matter emission limit of 0.32 pounds per million British Thermal Units output and is labeled accordingly. Phase 2 outdoor wood-fired boiler models will be identified with a white hang tag.

Wood-fired boilers shall be pre-manufactured self-contained systems with a lockable fuel feed chute and ash door.

Wood-fired boilers shall have a permanently attached smokestack with a minimum stack height of 10 feet above the ground that also extends at least two feet above the highest peak of any residence located less than 150 feet from the outdoor wood-fired boiler.

Fuel for wood-fired boilers shall consist of clean wood, wood pellets made from clean wood, biomass woody fuels, wood chips, home heating oil, natural gas, propane, or that which complies with all applicable sulfur limits and is used as a starter or supplemental fuel for dual-fired outdoor wood-fired boilers.

The following fuels are prohibited:

As part of the conditional use application, the Solebury Township Board of Supervisors may attach reasonable conditions and safeguards.

Emerging energy systems, other than those specifically defined in this Part, shall be permitted as a conditional use, provided that such systems are located on a lot with a permitted use in accordance with the applicable provisions of this Part.

Emerging energy systems may be located on or attached to an occupied building provided that the structural components of the emerging energy systems do not exceed the permitted building height requirements of the zoning district to which it is located.

Emerging energy systems may be located on a lot with a permitted use provided that all structural components comply with the building setback requirements and lot coverage requirements of the zoning district on which it is located.

A site plan, prepared, signed, and sealed by a qualified professional licensed as determined by the Township, shall be submitted, which identifies property lines, lot area, location of existing natural and manmade features, location of the proposed emerging energy system, ownership information for adjoining properties, and setback measurements from property lines, street lines, and occupied buildings.

Emerging energy systems may be located on a lot provided that it is located, designed, and installed considering the health, safety, and general welfare of the adjacent property owners. As part of the conditional use application, the Solebury Township Board of Supervisors may attach reasonable conditions and safeguards.

A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.

The landowner shall provide documentation of the land and airspace on his property, which must remain open to assure adequate solar access, water, and/or wind to the renewable energy system. All such documentation shall be considered as part of the permit application or conditional use application.

As part of the permit application, the landowner shall notify the Zoning Officer that the alternative or renewable resource system has been installed. The landowner shall also provide the Zoning Officer with any other permits that have been obtained from agencies with jurisdiction in order to locate the alternative or renewable energy resource system on the property.

Audible sound from any alternative and/or emerging energy facility shall not exceed 55 dBA, as measured at the applicant's property line. Solebury Township has the right to inspect, measure, and record sound levels at the applicant's expense.

The applicant shall not disrupt radio, telephone, television, or similar communication signals, and shall mitigate any harm caused by the alternative and/or emerging energy system.

Streets. Streets shall be designed so that the buildings in the subdivision or land development shall be oriented with their long axis within 20 degrees of a true east-west orientation. Solebury Township may permit a proportion of the streets to diverge from this requirement if the geography and site demands such. (Also refer to Chapter 22, Part 5, of the Solebury Township Code relating to Design Standards.)

Lot Design. The lot design shall provide for lots of adequate width, depth, and shape for solar energy orientation, to provide open area, to eliminate overcrowding, and to be appropriate for the location of the subdivision or land development and for the type of development contemplated. Lots and building setback lines shall be designed so that the buildings in the subdivision or land development can be oriented with their long axes within 20° of a true east-west orientation. In subdivisions or land developments of more than five buildings, a minimum of 80% of the proposed buildings must be oriented as required by this subsection.

LEED for Neighborhood Development (LEED-ND) design and certification shall be encouraged.

Buildings shall be placed on an axis within 20° of a true east-west with the longest wall facing southward to benefit from solar energy, natural shading, natural lighting, and thus reduce energy requirements. In subdivisions or land developments of more than five buildings, a minimum of 80% of the proposed buildings must be oriented as required by Subsection 1. Group of connected townhomes is to be considered one building for the purposes of this rule.

Buildings shall be placed within the topography such that walkout basements (where used) are positioned so that the exposed or walkout part of the basement is on the southward facing side of the building.

Lots shall be laid out to permit buildings to employ renewable energy sources such as closed-loop geothermal energy, wind energy, or solar energy in the mechanical heating and cooling of any building, at the time of construction or in the future.

No structure, whether principal use or accessory use; and no coniferous plant materials, whether trees, shrubs, or other; and no permanently fixed equipment, shall be of such a height that it would cast a shadow during daylight between 9:00 AM and 3:00 PM of the winter solstice (the shortest day of the year) on any solar gathering component of an existing or proposed solar energy system.

LEED building design and certification shall be encouraged.

Buildings shall be built incorporating an overhang, awning, deciduous trees, or other methodology that casts a shadow on all fenestration on the southward exposure of the building during daylight between 9:00 AM and 5:00 PM (daylight savings time) of the summer solstice (the longest day of the year).

All required landscaping, street trees, and buffers shall be provided in accordance with the regulations for the zoning district in which the project is located and in accordance with the Chapter 22, Subdivision and Land Development, as applicable.

Prevailing winds are to be identified and landscaping shall be positioned to provide a windbreak for any occupied building.

Street trees shall be placed considering solar access and shading.

Coniferous trees shall be placed on the north side of a structure to provide a windbreak in the winter and deciduous trees may be placed on the south side of structures to provide shading in the summer and solar energy access in the winter. If evergreen trees are placed on the north side of a structure to provide a windbreak, they may count toward required street or shade trees.

All landscape berms shall be encouraged on the north side of any occupied building upon a lot.

At least 80% of the required plants shall be native.

The use of green roofs and cool roofs on nonresidential, flat, or slightly sloped, (0-30° pitch) roofed buildings, and structures, is encouraged to supplement measures to reduce energy consumption, reduce heat island effects, and provide other environmental benefits such as a reduction in stormwater runoff.

Cool roofs shall have a Solar Reflectance Index of 50 or greater in accordance with the Cool Roof Rating Council and ANSI/CRRC S100 (2016), Standard Test Methods for Determining Radiative Properties of Materials.

Green roofs shall include vegetation on at least 50% of the roof area of all buildings in the project and shall use only drought-tolerant landscaping. Green roofs shall be installed in accordance with ANSI standards for fire, wind uplift, and root repellency (ANSI/SPRI VF-1, ANSI/SPRI RP-14 and ANSI/SPRI VR-1.) See Subsection 6 for available bonus provisions.

The use of green walls, interior or exterior, is encouraged to supplement measures to reduce energy consumption, heat island effects and provide other environmental benefits such as improved air quality.

Green walls may be modular or soilless types.

The use of thermal mass walls is encouraged to supplement measures to reduce energy consumption in combination with renewable energy sources and other passive energy reduction strategies as outlined in this Part.

In accordance with the 2018 Pennsylvania Alternative Residential Energy Provisions, as published by the Pennsylvania Housing Research Center, and the Pennsylvania Energy Code, thermal mass walls must have an R value of 8 or an R value of 13, when more than half the insulation is on the interior.

A complete narrative describing the proposed alternative or emerging energy facility, which shall include: a project overview; the project location; the number of the alternative or emerging energy systems; the area and height of the alternative or emerging energy systems; the initial and potential generating capacities; the facility dimensions; and the manufacturer's specifications.

An affidavit or similar evidence of agreement between the landowner and the facility owner/operator demonstrating that the facility owner/operator has the capabilities and permission of the landowner to apply for necessary permits for construction and operation of the alternative or emerging energy facility.

A site plan, prepared, signed, and sealed by a qualified professional licensed as determined by the Township, showing the boundary lines of the property occupied by the alternative or emerging energy facility and the properties within 500 feet on which the proposed alternative or emerging energy facility will be located, when determined necessary by the Zoning Officer. The site plan shall also include: topographical and natural features; the planned location of the alternative or emerging energy systems; the building setback lines; the access road and turnout locations; building and structures; and all public utilities.

Other relevant studies, reports, certifications and approvals, and other municipal ordinances as may be reasonably requested by Solebury Township to ensure compliance with this Part.

The applicant shall provide a copy of the permit application to the local emergency response providers (police, fire, and ambulance) of Solebury Township, unless Solebury Township notifies the emergency response providers.

If required by the Zoning Officer, the applicant, in conjunction with the emergency service providers, shall establish an emergency response plan for the alternative or emerging energy facility.

The landowner or facility 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 25% of decommissioning costs. The decommissioning funds shall be posted and maintained with a bonding company or a lending institution approved by Solebury Township and shall be posted at the time of installation.

An independent and certified professional engineer may be retained by Solebury Township to inspect the decommissioning of the alternative and emerging systems. All such inspection fees shall be paid by the applicant or landowner.

Decommissioning funds may be in the form of a performance bond, surety bond, letter of credit, corporate guarantee or other form of financial assurance as may be acceptable by Solebury Township.

Solebury Township may release the decommissioning funds when the landowner or facility operator has satisfactorily demonstrated compliance with the decommissioning plan.