Criteria Applicable to All Solar Energy Facilities (SEF):
The application shall include a construction transportation plan that shows all roadways that will be utilized to access the site, which will be forwarded to the municipality for review.
DC voltage solar array connections may be located aboveground. AC solar facility connections should be located aboveground where the applicant can demonstrate to the satisfaction of the Zoning Administrator that the overall environmental impacts would support aboveground location. Solar project connections may be located aboveground.
No portion of the SEF shall contain or be used to display advertising. The manufacturer's name and equipment information or indication of ownership shall be allowed on any equipment of the SEF provided they comply with the prevailing sign regulations.
The owner and/or operator shall maintain a phone number and identify a person responsible for the public to contact with inquiries, emergencies, and complaints throughout the life of SEF and provide this number and name to the county. This contact information shall also be placed on a sign attached to the entrance gate. The SEF owner and/or operator shall make reasonable efforts to respond to the public's inquiries and comments.
An Emergency Response Plan shall be included with the SLDO application, which shall be reviewed and approved by Lycoming County Emergency Management Agency and the Wolf Township Emergency Management Coordinator.
A. Glare. All SEF shall be placed such that concentrated solar radiation or glare does not project onto nearby structures or roadways. Exterior surfaces shall have a non-reflective finish. The applicant has the burden of proving that any glare produced does not have significant adverse impact on neighboring or adjacent uses either through siting or through mitigation. The applicant will provide a completed glare study ensuring that reflective glare is not directed towards, nor upon any adjacent properties as well as any adjacent street rights-of-way. The Glare Study shall include:
(1) Angle of the SEF's panels, arrays, cells, etc., at the location.
(2) A diagram showing the maximum and minimum angles of reflective glare from the SEF's panels, arrays, cells, etc., at the location and the relationship of that glare to adjacent properties, structures and rights-of-way.
(3) A mitigation plan that limit or eliminates reflective glare on adjacent properties, structures and rights-of-way.
B. Decommissioning:
(1) The SEF owner and/or operator is required to notify the Township immediately upon cessation or abandonment of the operation. The SEF shall be presumed to be discontinued or abandoned if no electricity is generated from the solar panels for a period of 12 continuous months. The SEF owner and/or operator shall then have 18 months in which to dismantle and remove the SEF including all solar-related equipment or appurtenances related thereto, including but not limited to buildings, cabling, electrical components, roads, foundations, solar facility connections and other associated facilities in accordance with agreements with landowners and good industry practice. To the extent possible, the materials shall be re-sold or salvaged. Materials that cannot be re-sold or salvaged shall be disposed of at a facility authorized to dispose of such materials by federal or state law. Any soil exposed during the removal shall be stabilized in accordance with applicable erosion and sediment control standards and requirements. Any access drive paved aprons from public roads shall remain for future use unless directed otherwise by the landowner.
(2) The SEF site area shall be restored to its pre-existing condition, suitable for its prior use. The landowner may authorize in writing that any buffer landscaping or access roads installed to accommodate the SEF will remain.
(3) Any necessary permits, such as Erosion and Sedimentation and NPDES permits, shall be obtained prior to decommissioning activities.
(4) The developer shall, at the time of zoning application, provide the county or municipality with an estimate of the cost of performing the decommissioning activities required herein. The solar project owner shall provide financial security of 110% of the estimated cost of decommissioning, which will be reviewed by Lycoming County's consulting engineer. The estimate may include an estimated salvage and re-sale value, discounted by a factor of 10%. The decommissioning cost estimate formula shall be:
Gross Cost of Decommissioning Activities |
- 90% credit of salvage and re-sale value |
= the Decommissioning Cost Estimate |
(5) On every fifth anniversary of the date providing the decommissioning financial security, the SEF owner shall provide an updated decommission cost estimate, utilizing the formula set forth above with adjustments for inflation and cost and value changes. If the decommissioning security amount decreases by greater than 10%, the municipality shall release from security any amounts held in excess of 110% of the updated decommission cost estimate. The decommissioning security may be in the form of cash deposit, surety bond, irrevocable letter of credit, cashier's check, or escrow account from a federal or commonwealth chartered lending institution in the amount of 110% of the total proposed decommission cost estimate and in a form satisfactory to the municipality's Zoning Administrator and Solicitor.
(6) Prior to final approval of any SALDO plans for the SEF, the SEF developer shall enter into a decommissioning agreement with the municipality outlining the responsibility of the parties under this agreement as to the decommissioning of the SEF.
C. Permit Requirements. The SEF shall comply with Municipal SLDO (Subdivision and Land Development Ordinance) requirements through submission of a land development plan. The installation of a SEF shall comply with all applicants permit requirements, codes, and regulations, including highway occupancy, driveway permits and road bonding requirements. The SEF owner and/or operator shall repair, maintain, and replace the SEF and/or related solar equipment during the term of the permit in a manner consistent with industry standards as needed to keep the SEF in good repair and operating condition.