1. On any lot or portion thereof on which a PSES is located, two (2) principal uses may be permitted, one (1) principal use being the PSES and the other being a principal use reserved unto the owner of the lot. This § 27-665a shall control over any inconsistent regulations in the Dover Township Zoning Ordinance.
2. A PSES shall be a use permitted by Special Exception in the A- Agricultural District, C - Commercial District, I - Industrial District, R-1 Residential Zoning District, subject to the following criteria:
A. Eligible Parcel(s) in the R-1 Zoning District. In order to be eligible for a PSES in a R-1 Zoning District, a parcel or parcels must, at the time of application, be in active agricultural use and must have been in agricultural use, with the exception of a single family residence on the parcel, for a period of at least two (2) years prior to the filing of an application for special exception for a PSES.
B. Minimum Lot Size. APSES shall be located on lot or lots with no less than twenty-five (25) acres of contiguous land, provided that a PSES may be located on multiple contiguous parcels, provided that the minimum lot size for any individual parcel shall be five (5) acres.
C. Setback Requirements. The following setback requirements shall apply for a PSES:
(1) Perimeter Fencing – Twenty-five (25') feet from all property or public street/road right-of-way lines. No setbacks shall be required between contiguous parcels that are included within the PSES footprint.
(2) Panels/equipment – Thirty-five (35') from all property lines and Fifty (50') feet from all public street/road right-of-way lines. No setbacks are required between contiguous parcels that are included within the PSES footprint.
(3) In all cases there shall be a minimum distance of seventy-five (75') feet between adjacent non-participating residential structures and any component of the PSES including fences, buildings, panels, and other equipment.
D. Height. Except as otherwise provided in this Section, a PSES or any portion thereof, i.e. solar panels and racking systems shall not exceed twenty-five (25') feet in height; provided, however, that substations, transmission lines and infrastructure connecting the PSES to the electrical grid shall not be subject to a height limitation.
E. Maximum Impervious Coverage. The total land area of a PSES may be covered by up to 25% of permanent impervious coverage. This requirement shall be calculated as a percentage of the total acreage within the PSES and not on an individual lot basis.
(1) Any area under solar panels or other areas, that are maintained in a grassy or vegetative state shall be considered to be pervious surfaces. Grassy and vegetative areas shall be maintained in compliance with current Department of Environmental Protection Guidelines relating to solar farms.
(2) The following components of a PSES shall be considered impervious coverage and calculated as part of the impervious coverage limitations:
i. Foundation systems, typically consisting of driven piles or monopoles or helical screws with or without small concrete collars.
ii. All mechanical equipment of PSES including any transformer, substation or structures for batteries or storage cells.
iii. Gravel or paved access roads and parking areas servicing the PSES.
F. Screening. The PSES shall be screened from non-participating adjoining residences along the line of sight between any wall of the residence and any portion of the PSES, unless the affected landowner provides a written waiver of such screening. A PSES shall not be required to be screened from residences that are located on a participating parcel/lot of land or accessory buildings on adjoining properties. No buffering shall be required, except as provided herein. To the extent possible, existing trees and vegetation shall be retained and incorporated to satisfy any screening requirements.
(1) Trees planted for such screening shall be of a species specified by the Township Subdivision and Land Development Ordinance or such other species of tree acceptable to the Township Engineer provided that such trees species shall achieve an opaque screen from required viewpoints within five (5) years of planting.
(2) Except as otherwise provided herein, all screening shall be designed and placed in accordance with the Township Subdivision and Land Development Ordinance and shall be included in accordance with the required land development plan.
(3) Where a PSES abuts a public road, Type 3 screening will be required.
(4) Screening that abuts a residential use shall be completed prior to any structures being built.
G. Access. At a minimum, a twenty-five (25') foot wide access road or driveway must be provided from a state or township roadway into the site within twenty-five (25') feet of the street right-of-way line. Such access drive or driveway shall be designed and constructed in accordance with applicable Township Ordinances.
(1) Maintenance access. Maintenance access shall be required. A ten (10') area between the fence and all solar panels shall be passable and maintained in an unobstructed condition so as to permit vehicular travel along the interior perimeter of the fence.
H. Stormwater Management. Stormwater management shall be designed, constructed and maintained in accordance with the Township Stormwater Management Ordinance.
I. Design and Construction.
(1) The PSES owner shall comply with the Township subdivision and land development requirements. The installation of PSES shall be in compliance with all applicable permit requirements, codes, and regulations.
(2) Standards. The PSES layout, design and installation 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, and shall comply with the PA Uniform Construction Code as enforced by the Township and with all other applicable Township Ordinances. Glint and Glare - a PSES shall comply with applicable FAA requirements.
(3) As a condition precedent to the issuance of a certificate of occupancy for the PSES, the owner of a PSES shall provide the Township with a written acknowledgement from the public utility company or the Regional Transmission Operator (RTO) to which the PSES will be connected that they have been informed of the customer's intent to install a grid connected PSES to their facilities.
(4) No portion of the PSES 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 PSES provided they comply with the prevailing sign regulations.
(5) Prohibited Locations. A PSES shall not be placed within any storm water conveyance system or facility, in any location that would alter or impede storm water runoff from collecting in a constructed storm water conveyance system, provided that collection lines may be placed over or under these features with acceptable vertical clearances or any land subject to an Agricultural Preservation Easement. If a PSES includes land in the Commercial or Industrial districts, then Solar-Related Equipment and other accessory structures and buildings shall be located in those districts to the extent feasible. Notwithstanding the requirements in Section 27-402 of the Zoning Ordinance, Solar Panels shall be permitted to be located on prime soils. To the extent feasible, Solar-Related Equipment and other accessory structures and buildings shall be placed on lands unsuitable for agricultural use as defined in Section 27-402.
J. Fencing/Security/Emergency Management.
(1) All PSES shall be completely enclosed by a minimum eight (8') foot high fence and gates shall have locks. Fencing shall be of a typical chain link variety.
(2) Clearly visible warning signs shall be placed at the base of all pad-mounted transformers and substations and on the fence on the surrounding the PSES informing individuals of potential voltage hazards/danger.
(3) An Emergency Management Plan, consistent with standard operating practices of the industry shall be developed by the PSES owner/ operator and furnished to the Township, the local fire company and the York County Office of Emergency Management prior to the issuance of a building permit.
K. Lighting. Lighting shall not be permitted except to the extent required for security or by applicable federal, state, or local authority.
L. Complaints/Contact Information. The PSES owner and/or operator shall maintain a phone number for the public to contact with inquiries and complaints throughout the life of the project and provide this contact information to the Township. The PSES owner and/or operator may update this contact information from time to time by providing revised contact information to the Township Zoning Officer. The PSES owner and/or operator shall respond to the public's inquiries and complaints within 48 hours of notice of the same.
M. Decommissioning/Removal.
(1) The PSES owner is required to notify the Township immediately upon cessation or abandonment of the operation of the PSES. After the initial commencement of commercial generation of electricity or power, the PSES shall be presumed to be discontinued or abandoned if no electricity or power is generated by such system for a period of six (6) continuous months. However, if the PSES owner notifies the Township of a written plan to bring the PSES back into operation, the Township may toll this six (6) month period and shall notify the PSES owner of its decision within forty-five (45) business days of receipt of the PSES owner's notice.
(2) Prior to issuance of a certificate of occupancy for the PSES, the owner shall provide financial security, in the form and amount of a bond, irrevocable letter of credit, or other financial security acceptable to the Township, to secure the expense of decommissioning, dismantling and removing said PSES and restoration of the land to its original condition, in the amount of 110% of the estimated decommissioning cost minus the salvageable value of the solar-related equipment, fencing, buildings, etc. Every five (5) years, a new engineer's estimate of probable cost of decommissioning shall be submitted for approval in the same manner as the initial submission and the bond, letter of credit, or other financial security acceptable to the Township. This financial security shall be adjusted upward or downward as necessary. The owner of the PSES shall pay for all fees associated with the review and approval of each such decommissioning cost estimated by the Township Engineer.
(3) Removal of PSES facilities in decommissioning shall be completed in its entirety. Once the PSES is removed, any earth disturbance resulting from the removal shall be graded and seeded in order to re-establish a natural groundcover. The PSES owner shall have twelve (12) months from the cessation or abandonment of the operation of the PSES in which to dismantle and remove the PSES, including all solar-related equipment or appurtenances related thereto, including but not limited to buildings, aboveground cabling, electrical, components, roads (unless the landowner requests in writing that the access roads are to remain), foundations and other associated facilities from the property. If the owner fails to dismantle and/or remove the PSES within the established timeframes, the Township may complete the decommissioning at the owner's expense, subject to any recovery under the financial security provided in accordance with (b) above. The Township may authorize one twelve (12) month extension of such time for just cause shown by the PSES owner.
(Ord. 2021-03, 3/22/2021, §6)