West Caln Township City Zoning Code

Purpose. In addition to the purpose in § 350-101 and the Community Development Objectives in § 350-102 of this chapter, the purpose of this overlay district is to provide for the construction, installation, operation and decommissioning of principal solar energy facilities (PSEF) in West Caln Township, subject to reasonable conditions that will protect the public health, safety, and welfare.

Applicability.

A principal solar energy facility may be permitted as a conditional use in the PSEF Overlay District in accordance with this Article XIX and § 350-1610 of this chapter.

A PSEF shall be considered a land development and is subject to the requirements of Chapter 300, Subdivision and Land Development, and all other requirements of West Caln Township Code, including but not limited to Chapter 294, Stormwater Management.

The PSEF and its solar related equipment, principal and accessory buildings and structures, and parking facilities shall be enclosed by perimeter chain-link fencing, and/or other fencing required by state or federal agency, and an access gate(s) at a height between eight and nine feet for the purpose of restricting unauthorized access. Such fencing shall not include barbed wire or similar product unless otherwise required by a state or federal agency.

Within 10 feet outside the perimeter fencing stated above, the initial row of two staggered rows of eight-foot tall deer-resistant evergreen trees at initial planting shall be planted with trees in each row spaced at a maximum of 20 feet on center. The staggered rows of evergreens shall provide an immediate visual screen of the PSEF and evergreen tree spacing in each row shall ensure closure between trees at maturity, except at the access gate(s).

A compacted stone and/or paved perimeter road to serve as a firebreak, of material, depth and width satisfactory to the Township Engineer and Fire Chief, and approved by the Board of Supervisors, shall be located between the perimeter fencing stated above and the solar related equipment, within the applicable front, side and rear yard setbacks for solar related equipment. An alternative method of providing PSEF perimeter fire protection may be proposed by the PSEF owner and/or operator and may be approved by the Board of Supervisors after recommendations by the Township Engineer and Fire Chief.

Access roads and parking areas within the PSEF shall be compacted stone and/or of a paved material, of depth and width satisfactory to the Township Engineer and approved by the Board of Supervisors.

The PSEF shall be designed and constructed so that ground leveling is limited to those areas needed for installation of PSEF land development improvements and solar related equipment so that the natural ground contour is preserved to the greatest extent practical. Any earth disturbance shall, at a minimum, require an erosion and sedimentation control plan approved by the Chester County Conservation District. Such earth disturbances in conjunction with a site alteration or land development shall meet the applicable sections of this Chapter; Chapter 300, Subdivision and Land Development Ordinance; and Chapter 294, Stormwater Management Ordinance; as may be amended.

Woodlands and other vegetation shall be preserved to the maximum extent possible. Woodland and vegetation protection and replacement shall be in accordance with Article X, Natural Resource Protection Standards.

The manufacturer's or installer's identification and appropriate warning signage not greater than three square feet each, or the minimum square footage signage allowed by applicable code, state or federal agency, shall be posted on the access gate(s) and/or perimeter fencing as required by applicable regulations. Except as provided herein, a PSEF shall not display signage of any kind, including, but not limited to, streamers, pennants, spinners, reflectors, ribbons, tinsel, balloons, flags, banners or similar materials.

All on-site utility lines shall be placed underground unless otherwise approved by the Board of Supervisors. The conditional use site plan and land development plan shall clearly depict where all underground and above-ground utility lines are proposed.

The area below and between ground-mounted solar panels, modules and/or arrays shall be planted and maintained in a manner satisfactory to the Township Engineer, solar energy consultant, or Pennsylvania-registered landscape architect and approved by the Board of Supervisors as follows:

Solar panels shall be placed such that concentrated solar radiation (e.g., light, heat, EMF and/or communications interference) or glare shall not be directed onto other properties, roadways or other areas accessible to the public. The PSEF owner and/or operator has the burden of proving that any solar radiation or glare produced does not adversely impact upon other properties, aircraft, flying species, and/or adjacent uses either through siting or mitigation. The PSEF owner and/or operator shall be responsible to mitigate any adverse solar radiation or glare impacts, as determined by the Township Engineer or solar energy consultant, prior to issuance of a certificate of compliance and/or after issuance of a certificate of compliance.

Solar panels shall not be placed in the vicinity of any airport in a manner that would interfere with airport flight patterns. Acknowledgement of same from the Federal Aviation Administration, Pennsylvania Bureau of Aviation, or other agency or entity, may be necessary at the discretion of the Board of Supervisors.

The layout, design, construction, operation, and maintenance of the PSEF shall conform to applicable industry standards, such as those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), Institute of Electrical and Electronics Engineers (IEEE), Solar Rating and Certification Corporation (SRCC), Electrical Testing Laboratory (ETL), Florida Solar Energy Center (FSEC) or other similar certifying organizations, or more stringent standards required by state and/or federal agencies. All applicable building permits shall be obtained for the PSEF and its solar energy system(s) per the Pennsylvania Uniform Construction Code (UCC), Act 45 of 1999, 35 P.S. § 7210.101 et seq., as amended, and applicable regulations adopted by the Department of Labor and Industry. 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 PSEF and its solar energy system(s) shall be designed and operated to protect public safety including development and implementation of a plan of operating procedures to prevent public access inside the PSEF, including, but not limited to, security cameras and security lighting shielded to prevent glare and spillover onto adjacent properties. A PSEF Emergency Operations Plan (EOP) shall be provided to the Township, Fire Chief, and Township Emergency Management Coordinator prior to issuance of a certificate of occupancy. The EOP shall provide specific instructions for fire protection and handling and disposing of hazardous materials contained in and/or released from solar related equipment. No solar related equipment and/or hazardous materials shall be buried on site or disposed of in violation of local, state or federal regulations.

A PSEF shall not be constructed until all applicable building and zoning permits have been issued, all approvals have been secured and security has been provided for the installation of PSEF land development improvements and decommissioning. Prior to issuance of a certificate of occupancy and operation of the PSEF, the PSEF owner and/or operator shall provide the Township with copies all applicable regulatory permits and approvals to operate the PSEF.

Township roads shall not be used for parking or staging of construction-related or delivery vehicles during installation and/or decommissioning of the PSEF.

The Township shall be notified in writing within 30 days of a change in: (1) PSEF ownership, (2) PSEF operator and/or (3) owner of land upon which the PSEF is located, and the Township shall be provided with contact name(s), address(es), phone number(s), email addresses(es), and emergency contact information. The PSEF owner and/or operator shall maintain a phone number and email address, and shall identify a person responsible for the Township to contact with inquiries and complaints throughout the life of the project and shall provide this number and name to the Township.

The PSEF owner and/or operator shall repair, maintain and replace the facility and related solar equipment during the term of the facility's use in a manner consistent with industry standards as needed to keep the facility safe and in good repair and operating condition. Maintenance and cleaning of photovoltaic panels or heliostats shall include chemicals or solvents low in volatile organic compounds and the facility operator shall use recyclable or biodegradable products to the extent possible.

If a PSEF or any of its solar energy system(s) or components are deemed to be a public safety hazard by a Code Enforcement Officer, Building Code Official, Township Engineer, solar energy consultant, or state or federal agency, the PSEF owner and/or operator, after written notice by any of the entities stated above, shall be responsible for making immediate repairs or removal of the condition causing such hazard. If the PSEF owner or operator fails to make immediate repairs or remove said conditions, West Caln Township shall have the option to pursue reasonable hazard mitigation measures at the PSEF owner's expense without further notice to the PSEF owner or operator.

An annual inspection report prepared by an independent professional engineer licensed in the Commonwealth of Pennsylvania shall be submitted to the Township not later than 30 days following each anniversary of the date on which the PSEF commenced operation. The inspection report shall certify the structural soundness, proper operation of the facility, consistency with the conditional use decision conditions, and consistency with the approved land development plan. The requirement to submit the annual report shall be such that it shall be required even if not specifically included in or as part of a conditional use decision.

Prior to the issuance of a certificate of occupancy, the PSEF owner or applicant shall acknowledge in writing that the issuing of said certificate of occupancy 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: (1) 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 (2) the right to prohibit the development on or growth of any trees or vegetation on such.

Solar easements.

Decommissioning agreement. The PSEF owner and/or operator shall execute a Decommissioning Agreement, to be approved by the Township pending the review of the Township Solicitor, before the final plan is released by the Board of Supervisors and filed on record. Said agreement shall contain all terms and conditions for decommissioning requirements.

Terms and conditions of the decommissioning agreement shall include, but not be limited to:

If a PSEF or any of its solar energy system(s) have not been in operation for a period of six consecutive months, the PSEF owner or operator shall notify the Township in writing with the reason(s) for inoperability and their intentions to re-establish operations or plans for decommissioning. The PSEF owner or operator shall notify the Township immediately upon cessation or abandonment of the operation. The PSEF or one or more of its solar energy systems shall be presumed to be discontinued or abandoned if no electricity is generated by such system for a period of 12 continuous months.

The PSEF owner and/or operator shall, at its expense, have 12 months from cessation or abandonment in which to dismantle and remove the PSEF 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, and shall revegetate all disturbed earth back to its predevelopment condition.

Engineer decommissioning costs. An independent and licensed Pennsylvania professional engineer shall be retained by the PSEF owner or operator to estimate the total cost of decommissioning without regard to salvage value of the PSEF solar related equipment. Said estimates shall be submitted to the Township after the first year of issuance of a certificate of occupancy and every 5th year thereafter.

Decommissioning financial security. The PSEF owner or operator, as part of conditional use approval, shall provide financial security with the Township as payee in an amount approved by the Board of Supervisors, from a company and in a form and content acceptable to the Board of Supervisors, to insure decommissioning and re-vegetation as set forth herein. The security shall remain in place for as long as the PSEF or its solar energy system(s) exist at the site and until restoration of the site is satisfactorily completed. The PSEF owner or operator shall be responsible to have the financial security certificate holder describe the status of the bond or letter of credit in an annual report submitted to the Township. The financial security shall not be subject to revocation, reduction or termination unless and until approved by the Board of Supervisors based upon the Township Engineer's and Solicitor's recommendation that decommissioning and re-vegetation have been satisfactorily completed.

Landowner responsibility. If the PSEF owner or operator fails to complete decommissioning and re-vegetation within the time period stated herein, then decommissioning and re-vegetation in accordance with this chapter shall become the responsibility of the landowner, and such landowner shall have 12 months to complete decommissioning and re-vegetation.

Township intervention. If neither the PSEF owner or operator, nor the landowner completes decommissioning and re-vegetation within the prescribed periods, then the Township may take such measures as necessary to complete decommissioning and re-vegetation. The submission of evidence of a participating landowner agreement to the Township shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns that the Township may take such action as necessary to implement the decommissioning and revegetation plan.

A narrative describing the proposed PSEF, including an overview of the project; the project location; the approximate generating capacity of the PSEF; the approximate number, representative types and height/extent or range of heights/extent of solar panels to be constructed, including their generating capacity, dimensions, and respective manufacturers; and a description of ancillary facilities.

Identification of the properties on which the proposed PSEF will be located and the properties adjacent to where the PSEF will be located.

Identification of traffic routes in the Township, traffic volumes and delivery times, and truck weights and sizes relative to PSEF construction, installation, and decommissioning.

A descriptive site plan including, but not limited to, dimensioned setbacks, locations of property lines, roadways and driveways; location and size of solar panels, modules and/or arrays; all underground and above-ground electrical lines and cabling from the PSEF to substations; elevations and heights of buildings and structures; location and detail of perimeter fencing, and buffer and landscaping requirements; and off-street parking and staging areas for construction-related and delivery vehicles. The site plan shall incorporate a fire protection plan, including, but not limited to, location of any hydrants and other on-site and off-site firefighting equipment, and a narrative of same shall be provided to the Township and West Caln Township Fire Chief for their review and comment.

An affidavit or evidence of agreement between the property owner and PSEF owner and/or operator confirming the PSEF owner and/or operator has permission to apply for conditional use, necessary permits, and land development plan approval for construction and operation of the PSEF

Evidence that the electric utility company has been informed of the owner's and/or operator's intent to install such facility and its intended connection to the utility grid, and that the utility company has approved of such connection. A copy of the electric utility company's approval to connect to the utility grid shall be provided to the Township if secured at the time of conditional use application, or prior to approval of the land development plan.

The manufacturer specifications for the key components of the PSEF and its related systems, and certificates of design compliance obtained by the equipment manufacturer from a certifying organization and certified by a professional engineer licensed to practice in the Commonwealth of Pennsylvania.

Copies of all necessary federal and state permits for the construction, installation, and operation of the PSEF shall be provided if secured at the time of conditional use application, but not later than at the time of application for a use and occupancy permit.

Copies of all studies, analyses, reports, certifications and approvals required by all agencies and any other studies, analyses, and/or reports, as may be reasonably requested by the Board of Supervisors, including but, not limited to, design of the PSEF and its solar energy system, glare analysis, environmental impact analysis, and traffic impact analysis during construction and decommissioning of the PSEF.

Documents related to decommissioning in accordance with § 350-1905.

Payment in full of applicable conditional use hearing fees. In addition to fees submitted with the conditional use application, the PSEF owner and/or applicant shall be required to sign a reimbursement agreement for Township Engineer, Township Solicitor, solar energy consultant, and/or other consultant fees that are in excess of hearing fees.

The PSEF applicant, owner and/or operator shall resolve any outstanding comments of the Township Engineer's or solar energy consultant's conditional use and/or land development review letters to the satisfaction of the Board of Supervisors prior to issuance of a certificate of occupancy and operation of the PSEF.

The PSEF owner and/or operator shall be responsible for repairs to improvements within Township rights-of-way caused by vehicular traffic generated to construct or decommission the PSEF and shall provide adequate security as determined by the Board of Supervisors for such improvement repairs.

The PSEF applicant, owner and/or operator shall install a Knox-type box on all access gates for emergency access by the West Caln Township Volunteer Fire Department and other emergency responders.

The PSEF applicant, owner and/or operator shall prepare a "schedule of maintenance" for review and recommendation by the Township Engineer and/or solar energy consultant and approval by the Board of Supervisors prior to issuance of a certificate of occupancy and operation of the PSEF. The "schedule of maintenance" shall include, but not be limited to, a detailed description of daily, weekly, monthly, annual and seasonal inspection and maintenance applicable to vegetation, stormwater facilities, solar related equipment and other improvements on the PSEF site.

Solar related equipment and parts thereto not in active operation on the PSEF site shall be stored in an enclosed building and/or concealed within solid fencing no closer than the 150-foot setback for principal and accessory buildings and/or structures under § 350-1902.

A failure to comply with any condition or requirement herein set forth shall constitute a violation of the said condition or requirement. Each day's continuation of a violation shall constitute a separate violation. All such violations shall be subject to the penalties set forth in § 350-1604.