A. Purpose. See § 325-44A for details.
B. Township review and approval.
(1) Solar energy systems are permitted as an accessory use by right in all zoning districts. A system shall be deemed an accessory use unless deemed a principal use, pursuant to Subsection B(2), below. While the intent of a system as an accessory use is to provide for the energy needs of the property upon which it is located, the incidental sale of excess power shall not in itself be sufficient cause to deem a system to be a principal use.
(2) A solar energy system shall be permitted as the principal use of a property when allowed by the Zoning District wherein the site is located. A solar energy system shall be deemed the principal use of a property when the system is intended to produce power solely or principally for sale, or when there is no other use of the property.
(3) The installation of a solar energy system shall be deemed a land development under any one of the following conditions and shall therefore be subject to the review and approval process established by the Township Subdivision and Land Development Ordinance. Land development review and approval shall be in addition to any requirement for conditional use approval:
(a) Where the installation of the solar energy system requires grading of the property, pursuant to the definition of "land development" in §
325-8, above, regardless of whether it is the principal use of the property;
(b) Where the installation of the solar energy system will result in additional impervious cover of 2,000 square feet or more, pursuant to the definition of "land development" in §
325-8, above, and pursuant to the standard enumerated in Subsection E(1), below, regardless of whether it is the principal use of the property.
C. General regulations.
(1) The design, construction, and installation of solar energy systems shall comply with all applicable requirements of the West Whiteland Township Building Code (including the electrical and plumbing codes) in addition to the requirements of this section and applicable industry standards. In the event of a conflict among the provisions of this section, industry standards, and the Building Code, the Building Code shall control.
(2) Solar energy systems shall comply with the Pennsylvania Uniform Construction Code, Act 45 of 1999, as amended, and all other applicable statutes or acts promulgated by the Commonwealth of Pennsylvania.
(3) A building permit shall be required for the installation of all solar energy systems. Where the installation of a solar energy system has been deemed to require review and approval as a conditional use and/or a land development, such approval(s) shall be received prior to the issuance of a building permit.
(4) In addition to other Township requirements, the individual or company responsible for installing the solar energy system shall be approved as an installer of such systems by the Pennsylvania Department of Environmental Protection.
(5) Solar energy systems shall be sited to assure solar access without reliance upon adjacent properties.
(6) No component of a solar energy system shall be mounted upon another structure such that it extends beyond the footprint of that structure.
(7) Solar energy systems shall comply with the performance standards in §
325-41 above and shall be sited such that they will not cause any glare beyond the property line of the lot whereupon they are located. In the event that any element of a solar energy system shall be found to cause such impermissible glare, the Township shall have the authority to compel the property owner (and/or the owner of the system if he/she/it are not the property owner) to eliminate such glare by a means acceptable to the Township, up to and including the removal of the glare-causing elements.
(8) When a solar energy system is proposed for a property subject to additional regulation by an agency other than the Township, including but not limited to a homeowners' association or a business park manager, it shall be the responsibility of the applicant to determine whether the proposed system complies with the regulations of the said agency and to secure whatever approvals or permits may be required from said agency. The issuance of a building permit by the Township for the construction of a solar energy system shall not compel any such agency to approve the system, nor shall such issuance prevent such agency from enforcing their own regulations or imposing penalties pursuant to their own regulations.
(9) No solar energy system shall be used to display advertising, signage, streamers, pennants, spinners, reflectors, ribbons, tinsel, balloons, flags, banners, or similar materials.
(10) Solar energy systems shall be promptly removed and properly disposed of when damaged or no longer in use.
D. Roof-mounted, solar energy systems.
(1) For the purposes of determining compliance with building height limits, a roof-mounted system shall be deemed a type of "mechanical equipment," as that term is used in the definition of "building height" in §
325-8 above.
(2) When mounted upon a roof with a slope of 30% or more, no part of a roof-mounted system shall extend more than one foot above the highest point of the roof upon which it is mounted.
(3) When mounted upon a roof with a slope of less than 30%, a roof-mounted system shall be surrounded by a visual screen having a minimum height equal to the tallest point of the system.
E. Ground-mounted solar energy systems.
(1) For the purposes of determining compliance with area and bulk regulations, a ground-mounted system shall be deemed a type of "building." If the system is the principal use of the property, it shall be subject to the limitations on height and building coverage as well as the setback requirements established for buildings by the applicable district regulations. Where the system is an accessory use, the provisions for accessory buildings provided in §
325-31 of this chapter shall control. The impervious cover calculation shall include only the areas that are paved or otherwise sealed against infiltration; where the system consists of panels elevated above the ground such that stormwater may infiltrate below such panels, the panels shall not be deemed to create impervious cover, although they shall be included in the calculation of building coverage.
(2) When the installation of a ground-mounted system will result in an increase in building coverage [as described in Subsection E(1) above] of 2,000 square feet or more, the applicant for such installation shall provide a stormwater impact analysis describing the impact of the project upon stormwater and providing for appropriate stormwater management facilities as part of the installation. No building permit shall be issued until the analysis and recommendations are found satisfactory to the Township, as advised by the Township Engineer.
(3) When installed as an accessory to a residential use, a ground-mounted system shall not be placed between the residence and any street abutting the property.
(4) All electrical and plumbing lines serving a ground-mounted solar energy system shall be in compliance with the applicable Township codes and shall be within a conduit and buried below ground.
(5) If a ground-mounted solar energy system has been abandoned (hereby defined as not having been in operation for a continuous period of six consecutive months), is defective, or is deemed unsafe by the Township's Code Enforcement Officer, the Township may direct the owner to repair the system to meet all applicable safety and code standards or to remove the system within a period of time to be established by the Code Enforcement Officer. If the owner fails to comply with the order of the Code Enforcement Officer, the Township may pursue a legal action to have the system removed at the owner's expense.