West Mifflin City Zoning Code
ARTICLE XVI
On-Site Usage of Solar Photovoltaic Systems
§ 290-164 Definitions.
The following words and phrases, when used in this article, shall have the meaning given to them in this section unless the context clearly indicates otherwise:
ARRAY
Any number of electrically connected photovoltaic (PV) modules providing a single electrical output.
BUILDING-INTEGRATED SYSTEM
A solar photovoltaic system that is constructed as an integral part of a principal or accessory building or structure and where the building-integrated system features maintain a uniform profile or surface of vertical walls, window openings, and roofing. Such a system is used in lieu of a separate mechanical device, replacing or substituting for an architectural or structural component of the building or structure that appends or interrupts the uniform surface of walls, window openings and roofing. A building-integrated system may occur within vertical facades, replacing view glass, spandrel glass or other facade material; into semitransparent skylight systems; into roofing systems, replacing traditional roofing materials; or other building or structure envelope systems.
BUILDING-MOUNTED SYSTEM
A solar photovoltaic system attached to any part or type of roof on a building or structure that has an occupancy permit on file with the municipality and that is either the principal structure or an accessory structure on a recorded lot or parcel. This system also includes any solar-based architectural elements.
CELL
The smallest basic solar electric device which generates electricity when exposed to light.
DRIPLINE
The outermost edge of a roof, including eaves, overhangs and gutters.
GROUND-MOUNTED SYSTEM
A solar photovoltaic system mounted on a structure, pole or series of poles constructed specifically to support the photovoltaic system and not attached to any other structure.
HVAC
Equipment used to heat, cool or ventilate a structure.
INTERCONNECTION
The technical and practical link between the solar generator and the grid providing electricity to the greater community.
KILOWATT (kW)
A unit of electrical power equal to 1,000 watts, which constitutes the basic unit of electrical demand. A watt is a metric measurement of power (not energy) and is the rate (not the duration) at which electricity is used. One thousand kWs is equal to one megawatt (MW).
MODULE
A module is the smallest protected assembly of interconnected PV cells.
NET METERING AGREEMENT
An agreement with a local electrical utility that allows customers to receive credit for surplus electricity generated by certain renewable energy systems.
PHOTOVOLTAIC (PV)
A semiconductor based device that converts light directly into electricity.
SOLAR PHOTOVOLTAIC (PV) RELATED EQUIPMENT
Items including a solar photovoltaic cell, panel or array, lines, mounting brackets, framing and foundations used for or intended to be used for collection of solar energy.
SOLAR PHOTOVOLTAIC (PV) SYSTEM
A solar collection system consisting of one or more building- and/or ground-mounted systems, solar photovoltaic cells, panels or arrays and solar-related equipment that rely upon solar radiation as an energy source for collection, inversion, storage and distribution of solar energy for electricity generation. A solar PV system is a generation system with a nameplate capacity of not greater than 50 kilowatts if installed at a residential service or not larger than 3,000 kilowatts at other customer service locations and does not produce excess on-site energy greater than currently permitted by Pennsylvania Public Utility Commission guidelines.
SOLAR-BASED ARCHITECTURAL ELEMENT
Structural/architectural element that provides protection from weather that includes awnings, canopies, porches or sunshades and that is constructed with the primary covering consisting of solar PV modules and may or may not include additional solar PV-related equipment.
TRACKING SYSTEM
A number of photovoltaic modules mounted such that they track the movement of the sun across the sky to maximize energy production either with a single-axis or dual-axis mechanism.
UNREGULATED YARD AREA
Area not within a building and not in a defined setback or yard area.
§ 290-165 Purpose.
It is the purpose of this article to promote the safe, effective and efficient use of installed solar energy systems that reduce on-site consumption of utility-supplied energy while protecting the health, safety and welfare of adjacent and surrounding land uses and lots and parcels. This article seeks to:
A.
Provide property owners and business owners/operators with flexibility in satisfying their on-site energy needs.
B.
Reduce overall energy demands within the community and promote energy efficiency.
C.
Integrate alternative energy systems seamlessly into the community's neighborhoods and landscapes without diminishing quality of life in the neighborhoods.
§ 290-166 Applicability.
A.
This article applies to building-mounted and ground-mounted systems installed and constructed after the effective date of the article.
B.
Solar PV systems constructed prior to the effective date of this article are not required to meet the requirements of this article.
C.
Any upgrade, modification or structural change that materially alters the size or placement of an existing solar PV system shall comply with the provisions of Article XVI.
§ 290-167 Zoning districts where permitted.
A.
Building-mounted and ground-mounted systems are permitted in all zoning districts as an accessory use to any lawfully permitted principal use or accessory use on the same lot or parcel upon issuance of the proper permit pursuant to and upon compliance with all requirements of this article and as elsewhere specified in this article.
B.
Building-integrated systems, as defined by this article, are not considered an accessory use and are not subject to the requirements of this article.
§ 290-168 Locations within lot.
A.
Building-mounted systems are permitted to face any rear, side and front yard or an unregulated yard area as defined by this article. Building-mounted systems may only be mounted on lawfully permitted principal or accessory structures.
B.
Ground-mounted systems are permitted based on the requirements for accessory uses or structures in the property's zoning district.
§ 290-169 Design and installation standards.
A.
The solar PV system must be constructed to comply with the Pennsylvania Uniform Construction Code (UCC), Act 45 of 1999,[1] as amended, and any regulations adopted by the Pennsylvania Department of Labor and Industry as they relate to the UCC, except where an applicable industry standard has been approved by the Pennsylvania Department of Labor and Industry under its regulatory authority.
[1]
Editor's Note: See 35 P.S. § 7210.101 et seq.
B.
All wiring must comply with the National Electrical Code, most recent edition, as amended and adopted by the Commonwealth of Pennsylvania.
C.
The solar PV system must be constructed to comply with the most recent fire code as amended and adopted by the Commonwealth of Pennsylvania.
§ 290-170 Setback requirements.
Ground-mounted systems are subject to the accessory use or structure setback requirements in the zoning district in which the system is to be constructed. The required setbacks are measured from the lot line to the nearest part of the system. No part of the ground-mounted system shall extend into the required setbacks due to a tracking system or other adjustment of solar PV-related equipment or parts.
§ 290-171 Height restrictions.
A.
Notwithstanding the height limitations of the zoning district:
(1)
For a building-mounted system installed on a sloped roof that faces the front yard of a lot, the system must be installed at the same angle as the roof on which it is installed with a maximum distance measured perpendicular to the roof of 18 inches between the roof and the highest edge of the system.
(2)
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.
B.
Notwithstanding the height limitations of the zoning district:
(1)
For a building-mounted system installed on a flat roof, the highest point of the system shall not exceed six feet above the roof to which it is attached.
C.
Ground-mounted systems may not exceed the permitted height of accessory structures in the zoning district where solar PV system is to be installed.
D.
Any solar installation approved after the date of this article and that exceeds the maximum building height of the zoning district shall not constitute a nonconformity so long as it complies with other provisions of this article.
§ 290-172 Screening and visibility.
A.
Building-mounted systems on a sloped roof shall not be required to be screened.
B.
Building-mounted systems mounted on a flat roof shall not be visible from the public right-of-way within a fifty-foot radius of the property, exclusive of an alley as defined by this article, at a level of five feet from the ground in a similar manner as to any other rooftop HVAC or mechanical equipment. This can be accomplished with architectural screening such as a building parapet or by setting the system back from the roof edge in such a manner that the solar PV system is not visible from the public right-of-way within a fifty-foot radius at a level of five feet from the ground.
§ 290-173 Impervious lot coverage restrictions.
The surface area of any ground-mounted system, regardless of the mounted angle of any portion of the system, is considered impervious surface and shall be calculated as part of the lot coverage limitations for the zoning district. If the ground-mounted system is mounted above existing impervious surface, it shall not be calculated as part of the lot coverage limitations for the zoning district.
§ 290-174 Nonconformance.
A.
Building-mounted systems.
(1)
If a building-mounted system is to be installed on any building or structure that is nonconforming because its height violates the height restrictions of the zoning district in which it is located, the building-mounted system may be granted an administrative approval by the Zoning Officer so long as the building-mounted system does not extend above the peak or highest point of the roof to which it is mounted.
(2)
If a building-mounted system is to be installed on a building or structure on a nonconforming lot that does not meet the minimum setbacks required and/or exceeds the lot coverage limits for the zoning district in which it is located, a building-mounted system may be granted administrative approval by the Zoning Officer so long as there is no expansion of any setback or lot coverage nonconformity.
B.
Ground-mounted systems. If a ground-mounted system is to be installed on a lot that is a nonconforming because the required minimum setbacks are exceeded, the proposed system may be granted an administrative approval by the Zoning Officer so long as the proposed installation does not increase the setback nonconformance of the lot. If a ground-mounted system is to be installed on a lot that is nonconforming because it violates any other district requirements not mentioned herein, a variance must be obtained for the proposed installation.
§ 290-175 Signage or graphic content.
No signage or graphic content may be displayed on the solar PV system except the manufacturer's badge, safety information and equipment specification information. Said information shall be depicted within an area no more than 36 square inches in size.
§ 290-176 Performance requirements.
All solar PV systems are subject to compliance with applicable performance standards detailed elsewhere in Article XVI of this Zoning Ordinance.
§ 290-177 Vacation, abandonment and/or decommissioning.
A.
Discontinuation and/or abandonment is presumed when a solar PV system has been disconnected from the net metering grid for a period of six continuous months without being connected to a battery system or has not produced electricity for a period of six months. The burden of proof in the presumption of discontinuation/abandonment shall be upon the municipality.
B.
A solar PV system, including its solar PV-related equipment, must be removed within 12 months of the date of discontinuation and/or abandonment or upon termination of the useful life of the solar PV system.
C.
For ground-mounted and building-mounted systems, removal includes removal of all structural and electrical parts of the ground or building-mounted system and any associated facilities or equipment and removal of all net metering equipment.
D.
If an owner fails to remove or repair the vacated, abandoned or decommissioned solar PV system within six months, the municipality reserves the right to enter the property, remove the system and charge the landowner and/or facility owner and operator for all costs and expenses, including reasonable attorney's fees, or pursue other legal action to have the system removed at the owner's expense.
E.
Any unpaid costs resulting from the municipality's removal of a vacated, abandoned or decommissioned solar PV system shall constitute a lien upon the lot against which the costs were charged. Each such lien may be continued, recorded and released in the manner provided by the general statutes for continuing, recording and releasing the property tax liens.
§ 290-178 Permit requirements.
Before any construction or installation on any solar PV system shall commence, the applicant shall obtain a permit to document compliance with this article as issued by the municipality.
