Upper Moreland Township
City Zoning Code
City Zoning Code
ARTICLE XXXIII
Renewable Energy Technologies
§ 350-222 Intent.
The purpose of this article is to provide a regulatory framework for the construction and operation of solar energy systems and solar energy facilities in Upper Moreland Township, subject to reasonable restrictions, which will preserve the public health, safety, and welfare, while also maintaining the character of Upper Moreland Township.
§ 350-223 Definitions.
As used in this article, the following terms shall have the meanings indicated:
The ratio of reflected radiation from a surface to the incident radiation upon the surface (i.e., the reflection coefficient). Albedo is a measurement of the reflectivity of a surface and may be used to quantify the amount of solar glare from a solar energy system.
A BIPV system forms part of the structure to which it is affixed, such as solar shingles, solar windows, or similar applications. Typically integrated into a roofing system (e.g., solar shingles), BIPV systems can provide architectural interest and/or an unobtrusive solar energy system installation.
A solar collector system or solar energy device that is affixed or mounted at ground level and that is intended primarily for on-site use or to reduce on-site energy consumption. An accessory solar energy system may share unused energy on-site with an electric utility that supplies power to the site.
A legal document between a customer and an electrical utility authorizing the connection of the customer's on-site electricity generating system to the utility's electric grid.
When used herein, a device associated with a solar energy system, such as an outdoor electrical unit/control box, that transfers energy from the solar energy system to the intended on-site structure.
An approach for interconnecting and metering on-site electricity generating facilities. The means of measuring the difference between electricity supplied by an electric utility, electric distribution company, or electric generation supplier and the electricity generated by a customer-generator using alternative energy sources. Net metering allows customers to use excess on-site generated electricity to offset utility-purchased electricity on a monthly or annual basis.
An agreement with a customer-generator and an electric utility, electric distribution company, or electric generation supplier and the electricity generated by a customer-generator that allows customers to receive a credit at the retail price of electricity for surplus electricity generated on-site. Under net metering agreement, a bidirectional electric meter is used to measure and record the flow of electricity in both directions from and to the customer-generator.
A contract to purchase energy. A PPA is usually established between a party that generates electricity and a party that purchases electricity. A PPA may also be a contract written between a building owner that wants to generate electricity on-site and third-party developer who will install, maintain and own the system used to generate the electricity, and then sell the electricity produced by the system to the building owner at a predetermined rate.
The ability of sunlight to shine on a property owner's land, or, more specifically, the owner's solar energy facility or solar energy system, without the sunlight being blocked by structures, vegetation, or other obstructions on neighboring land.
A legal agreement that protects access to sunlight, or solar access, on a property.
Radiant energy (direct, diffuse, and reflected) received from the sun.
An alternative energy facility that consists of one or more ground-mounted, freestanding, or building-mounted or -integrated solar collection devices, solar-energy-related equipment and other associated infrastructure with the primary intention of generating electricity or otherwise converting solar energy to a different form of energy for primarily commercial or other off-site use in accordance with applicable law and regulation.
An alternative energy system that consists of one or more ground-mounted, freestanding, or building-mounted or -integrated solar collection devices and solar-energy-related equipment and other associated infrastructure with the primary intention of generating electricity or otherwise converting solar energy to a different form of energy to reduce on-site consumption of purchased power, when a property upon which the system is installed also received electricity supplied by a utility company, excess electricity generated and not presently needed for on-site use may be used off-site by a utility company in accordance with applicable law and regulation.
Uses solar energy to heat water. The most common types of solar water heaters are evacuated tube collectors and glazed flat plate collectors generally used for domestic hot water; and unglazed plastic collectors used mainly to heat swimming pools.
A device containing one or more receptive cells equal to or greater than two square feet, the purpose of which is to convert solar energy into electrical or thermal energy.
§ 350-224 Solar energy systems.
A.
Applicability. Solar energy systems, as defined by this article, are a permitted accessory use in all zoning districts.
B.
General regulations.
(1)
Solar energy systems shall be installed in compliance with all applicable state and federal building, construction and fire codes, including regulations with respect to stormwater management.
(2)
Solar energy systems shall be operated in compliance with all federal, state, and local laws and regulations.
C.
Setbacks.
(1)
Solar energy systems must meet the applicable accessory use setbacks for the zoning district in which the system is located. Solar energy system components are also prohibited between primary buildings and any street frontage unless the applicant can prove such installation would be impossible otherwise and can be installed meeting all other requirements. Solar energy system components shall not encroach upon any stormwater management facility or right-of-way or easement, including but not limited to water, stormwater, sanitary water, natural gas, telephone, and electrical easements.
(2)
A ground-mounted or freestanding solar energy module or array may not extend into any applicable yard setback when oriented at minimum design tilt.
(3)
Setbacks for building-mounted solar energy systems shall meet the following requirements:
(a)
Solar energy systems mounted on a pitched roof must meet the following requirements; or an alternative design that provides safe access to the roof, and roof ridge, that is approved by the Township Code Enforcement Officer or Township Fire Marshal:
[1]
The design must provide at least three accessways from the edge of roof to the ridge of the roof that are a minimum of two feet wide. A side of pitched roof which does not carry a solar energy system may count as two accessways as long as the roof is more than five feet wide.
[2]
A two-foot minimum setback from the roof ridgelines shall be provided for roof-mounted solar modules to allow available space for firefighters to penetrate the roof to create ventilation. Solar modules may be installed along the roof slope up to the ridge when an adequate alternative smoke ventilation method is provided and approved by the Township.
[3]
A one-and-one-half-foot setback from all roof hips and valleys shall be provided if solar modules are installed on both sides of the roof hip or valley.
(b)
Solar energy systems mounted on a flat roof must meet the following requirements; or an alternative design that provides safe access to the roof that is approved by the Township Code Enforcement Officer or Township Fire Marshal:
[1]
A three-foot setback from a minimum of two roof edges shall be provided for roof-mounted solar modules to ensure that firefighters may access the roof in a quick and safe manner.
D.
Height.
(1)
For a building-mounted system installed on a sloped roof, the highest point of the system shall not exceed the highest point of the roof to which it is attached as allowed by setback requirements.
(2)
For a building-mounted system installed on a flat roof, the highest point of the system shall be permitted to exceed the district's height limit by up to six feet above the rooftop which it is attached.
(3)
Ground-mounted or freestanding solar energy systems shall not exceed applicable maximum accessory structure height in the zoning district in which the solar energy system is located. A solar energy system may exceed the applicable maximum accessory height if it will cover an impervious surface parking area, but the system height may not exceed the maximum height allowed for the primary structure that the parking area serves.
E.
Design and installation requirements.
(1)
The design and installation of solar energy systems shall conform to applicable industry codes and standards, including, but not limited to, those of the International Code Council (ICC), American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), and other similar certifying and professional organizations such as the American Society of Civil Engineers and the American Society of Mechanical Engineers.
(2)
All exterior electrical and/or plumbing lines shall be buried below the surface of the ground and shall be placed in conduit.
(3)
All solar energy system components shall be clearly labeled with a warning concerning voltage and other important electrical safety information. The universal isolation switch, or equivalent device, shall be easily accessible by first responders and clearly labeled.
(4)
For purposes of determining compliance with impervious coverage standards of the applicable zoning district, the total horizontal projection area of all ground-mounted and freestanding solar collectors, including solar photovoltaic cells, modules, arrays, inverters and solar hot air or water collector devices, shall be considered pervious coverage so long as pervious conditions are maintained underneath the solar photovoltaic cells, modules, arrays and solar hot air or water collector devices.
(5)
An applicant shall locate a solar energy system so that tree removal is not required to the extent practical and shall be subject to any applicable tree replacement regulations found in the Subdivision and Land Development Ordinance.[1]
(6)
Installed solar modules shall be constructed with at least one anti-reflective layer to reduce reflectivity.
(7)
Solar energy systems shall not be used to display advertising or decoration, including signage, streamers, pennants, spinners, reflectors, ribbons, tinsel, balloons, flags, banners, lights, or similar items. Manufacturers and equipment information, safety warnings, and ownership information may be displayed on solar energy system equipment, provided such information complies with applicable sign regulations.
(8)
Owners of solar energy systems are encouraged but not required to obtain solar easements from neighboring landowners to ensure solar access. The Township does not guarantee and will not protect any individual property rights with respect to solar access.
F.
Decommissioning requirements.
(1)
If a solar energy system remains nonfunctional or inoperative for a continuous period of one year, the system may be deemed to be abandoned and may constitute a public nuisance as determined by the Township Zoning Officer, with the exception of BIPV systems. If deemed abandoned or a public nuisance, the owner shall remove the system within six months of abandonment after a demolition permit has been obtained in accordance with the following:
(a)
Any aboveground mechanical equipment, wiring, and structural components shall be removed.
(b)
Underground wiring and structural components shall be removed and the resulting void space filled.
(c)
When a ground-mounted or freestanding system is removed, any disturbed earth as a result of the removal of the system shall be restored, graded and reseeded.
§ 350-225 Solar energy facilities.
A.
Applicability. Solar energy facilities are permitted as a conditional use on parcels over 10 acres in the Industrial Zoning District. The conditional use regulations, requirements and restrictions set forth below in this article shall apply to solar energy facilities in addition to the conditional use requirements of § 350-204 and those regulations, requirements and restrictions of the underlying zoning district.
B.
General regulations.
(1)
Solar energy facilities shall be installed in compliance with all applicable state and federal building, construction and fire codes, including regulations with respect to stormwater management.
(2)
Solar energy facilities shall be operated in compliance with all federal state, and local laws and regulations.
C.
Setbacks.
(1)
Solar energy facilities must meet the applicable primary use setbacks for the zoning district in which the facility is located. Solar energy facility components shall not encroach upon any stormwater management facility or right-of-way or easement, including but not limited to water, stormwater, sanitary sewer, natural gas, telephone, and electrical easements.
(2)
Setbacks for building-mounted solar energy facilities shall meet the following requirements:
(a)
Solar energy facilities mounted on a pitched roof must meet the following requirements; or an alternative design that provides safe access to the roof, and roof ridge, that is approved by the Township Code Enforcement Officer or Township Fire Marshal:
[1]
The design must provide at least three accessways from the edge of roof to the ridge of the roof that are a minimum of two feet wide. A side of a pitched roof which does not carry a solar energy facility may count as two accessways as long as the roof is more than five feet wide.
[2]
A two-foot-wide minimum setback from the roof ridgelines shall be provided for roof-mounted solar modules to allow space for firefighters to penetrate the roof to create ventilation. Solar modules may be installed along the roof slope up to the ridge when an adequate alternative smoke ventilation method is provided and approved by the Township Code Enforcement Officer or Township Fire Marshal.
[3]
A one-and-one-half-foot setback from all roof hips and valleys should be provided if solar modules are installed on both sides of the roof hip or valley.
(3)
Solar energy facilities mounted on a flat roof must meet the following requirements; or alternative design that provides safe access to the roof that is approved by the Township Code Enforcement Officer or Township Fire Marshal:
(a)
A three-foot setback from a minimum of two roof edges shall be provided for roof-mounted solar modules to ensure that firefighters may access the roof in a quick and safe manner.
D.
Height.
(1)
For a building-mounted facility installed on a sloped roof, the highest point of the facility shall not exceed the highest point of the roof to which it is attached as allowed by setback requirements.
(2)
For a building-mounted facility installed on a flat roof, the highest point of the facility shall be permitted to exceed the district's height limit by up to six feet above the rooftop on which it is attached.
(3)
Ground-mounted or freestanding solar energy facilities shall not exceed applicable maximum accessory structure height in the zoning district in which the solar energy facility is located. A solar energy facility may exceed the applicable maximum accessory height if it will cover an impervious surface parking area, but the facility height may not exceed the height of the primary structure that the parking area serves.
E.
Design and installation.
(1)
The design and installation of solar energy facilities shall conform to applicable industry codes and standards, including, but not limited to, those of the International Code Council (ICC), American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), and other similar certifying and professional organizations such as the American Society of Civil Engineers and the American Society of Mechanical Engineers.
(2)
All exterior electrical and/or plumbing lines shall be buried below the surface of the ground and be placed in a conduit.
(3)
All solar energy facility components shall be clearly labeled with a warning concerning the voltage and other important electrical safety information. The universal isolation switch, or equivalent device, shall be easily accessible by first responders and clearly labeled.
(4)
For purposes of determining compliance with building coverage standards of the applicable zoning district, the total horizontal projection area of all ground-mounted and freestanding solar collectors, including solar photovoltaic cells, modules, arrays, inverters and solar hot air or water collector devices, shall be considered pervious coverage so long as pervious conditions are maintained underneath the solar photovoltaic cells, modules, arrays and solar hot air or water collector devices.
(5)
An applicant shall locate a solar energy system so that tree removal is not required to the extent practical and shall be subject to any applicable tree replacement regulations found in the Subdivision and Land Development Ordinance.[1]
(6)
Solar modules shall be positioned to prevent solar glare upon any neighboring properties or any public or private street, and to prevent additional heat load upon neighboring properties.
(7)
All equipment for solar energy facilities including any structure for batteries or storage cells shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate.
(8)
The applicant will provide a stormwater management plan for the facility that will minimize the impact of stormwater leaving the site, and promote infiltration of stormwater on-site, through the use of stormwater BMPs.
(9)
Solar energy facilities shall not be used to display advertising or decoration, including signage, streamers, pennants, spinners, reflectors, ribbons, tinsel, balloons, flags, banners, lights, or similar items. Manufacturers and equipment information, safety warnings, and ownership information may be displayed on solar energy system equipment, provided such information complies with applicable sign regulations.
(10)
Owners of solar energy facilities are encouraged but not required to obtain solar easements from neighboring landowners to ensure solar access. The Township does not guarantee and will not protect any individual property rights with respect to solar access.
(11)
To the greatest extent possible, the applicant shall provide native perennial vegetation and foraging habitat beneficial to gamebirds, songbirds, and pollinators.
(12)
The grazing of animals, to include but not be limited to sheep and goats, to control vegetation growing underneath solar arrays is permitted as customarily incidental to a solar energy facility principal use subject to the lot size and requirements specified in this chapter.
F.
Removal.
(1)
The removal of any solar energy facility shall require a demolition permit.
(2)
Before any demolition permit is issued, the applicant shall show that the removed solar energy facility components shall be disposed of in accordance with any regulations of the Pennsylvania Department of Environmental Protection or the Federal Environmental Protection Agency, and not in the municipal trash stream.
(3)
Decommissioning requirements. If a solar energy system remains nonfunctional or inoperative for a continuous period of one year, the system may be deemed to be abandoned and may constitute a public nuisance as determined by the Township Zoning Officer, with the exception of BIPV systems. If deemed abandoned or a public nuisance, the owner shall remove the system within six months of abandonment after a demolition permit has been obtained in accordance with the following:
(a)
Any aboveground mechanical equipment, wiring, and structural components shall be removed
(b)
Underground wiring and structural components shall be removed and the resulting void space filled.
(c)
When a ground-mounted or freestanding system is removed, any disturbed earth as a result of the removal of the system shall be restored, graded and reseeded.