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1. Natural gas compressor stations shall only be permitted to occur on property that is a minimum of five acres or larger. The applicant shall strive to consider locations for its temporary and permanent operations where prudent and possible so as to minimize interference with area residents' enjoyment of their property and future development activities within the municipalities. The applicant must present an expert witness testimony to demonstrate the location of the facility will not unreasonably adversely affect any of the following:
A. Lawful existing or authorized uses of adjacent properties.
B. Neighboring flood-prone or landslide-prone areas.
C. Agriculture or farmland.
2. A special exception application for a natural gas compressor station shall be accompanied with written permission from the property owner(s) who has legal or equitable title in and to the surface rights of the property or a court order recognizing the operator's authority to occupy the surface. If the operator owns the property, proof must be provided.
3. As part of the special exception application, the applicable municipality and all applicable Emergency Responders shall be provided the name of the person supervising the compressor station and a phone number where such person can be reached 24 hours a day. Also, a list of contact information for all subcontractors associated with the operations of the station must be provided. The list shall include verification that all supervisors/operators and subcontractors at the site are aware and understand this Section.
4. All natural gas compressor stations shall be completely enclosed by a building.
A. The building shall be constructed in a manner that the architectural character complements the existing character of the area. The building shall employ architectural features, including but not limited to sloped roofs, stone and brick accents, steeples, cupolas, etc.
B. The building shall employ soundproof-type walls, and all equipment associated with the compressor station shall be enclosed within the building. All acoustical structures shall be constructed of metal, masonry, or other structurally sound material as approved by the applicable municipal Engineer.
5. Access directly to state roads shall require PennDOT HOP approval. Prior to initiating any work at the compressor station, the applicable municipality shall be provided a copy of the HOP. Access roads shall also comply with the following:
A. Access roads must be 50 feet from adjacent property lines unless written consent is given by the adjacent property owner.
B. The first 50 feet must be paved. Then, 150 feet must be limestone in a manner that reasonably minimizes water, sediments, and/or debris carried onto any public roads.
C. If the access road is less than 200 feet, the entire road must be limestone.
6. The access driveway off the public road to the compressor station shall be gated at the entrance to prevent illegal access into the site. The site assigned address shall be clearly visible on the access gate for emergency 911 purposes. In addition, the sign shall include the station name and number, name of the operator, and the telephone number for a person responsible who may be contacted in case of emergency.
7. The operator must provide a plan for the transmission of gas, water, oil, or other substances to and from the station. The operator shall identify the location of, but not limited to, gathering lines, compressors, and other mid- and downstream facilities located within the applicable municipality and extending 800 feet beyond the municipal boundary. The operator shall provide the applicable municipality with all state and federal permits that have been acquired, and bonding agreements, and proof of ability to operate such pipelines.
8. As part of the special exception process, the applicable municipality reserves the right to increase any required setback based on physical characteristics of the site, including but not limited to topography, woodlands, and distance from structures, parks, schools, and residential neighborhoods.
9. Compressor stations shall utilize electric motors rather than internal combustion engines. The Board of Supervisors may approve the use of internal combustion engines as part of the special exception approval if deemed to be absolutely necessary, due to the prolonged lack of availability of electrical service. However, any exhaust from any internal combustion engine or compressor used in connection with the station, used by any production equipment, or used in development shall not be discharged into the open air unless it is equipped with an exhaust muffler or an exhaust box. The exhaust muffler or exhaust box shall be constructed of noncombustible materials designed and installed to suppress noise and disruptive vibrations. Moreover, all such equipment with an exhaust muffler or exhaust box shall be maintained in good operating condition according to the manufacturer's specifications.
A. Noise. The applicable municipality may require acoustical blankets, sound walls, mufflers, or other alternative methods to ensure compliance depending on the location of a proposed station to adjacent residential properties. As part of the special exception application, and prior to construction, the operator shall establish the residual or background noise level baseline. The baseline shall be established over a 72-hour period with at least one 24-hour reading on a Saturday or Sunday. A noise consultant/engineer mutually agreed upon by the Township and owner/operator will be responsible for determining the residual background noise level baseline. The operator shall be responsible for all costs associated with the noise consultant/engineer.
(1) The noise generated during operating activities when measured at the nearest protected structure property line or 100 feet from the nearest protected structure (as measured to the closest exterior point of the building), whichever is closer to the protected structure, shall not exceed the average ambient noise level as determined by the 72-hour evaluation:
i. During station or plant activities by more than ten dBa during the hours of 7:00 a.m. to 9:00 p.m.
(2) During station or plant activities by more than five dBa during the hours of 9:00 p.m. to 7:00 a.m.
B. If the operator engages in any noise testing as required by this Section, it will provide preliminary data to the applicable municipality no later than ten business days following completion of the noise testing. Once the monitoring is complete, the operator will meet with municipal representatives and affected residents to discuss whether possible noise abatement measures are warranted, if the permitted levels set further herein were exceeded. The applicable municipality reserves the right to hire a noise consultant to do its own testing and investigation regarding the noise complaint.
10. Drip pans must be placed in any location, under equipment, that has the potential to leak.
11. All condensate tanks shall be equipped with vapor recovery and/or vapor destruction units.
12. All structures, including but not limited to pumping units, storage tanks, buildings, and structures, shall be painted a neutral color, and shall be compatible with the surrounding uses. Neutral colors shall include sand, gray, green, and unobtrusive shades of brown, or other neutral colors, as approved by the Township.
13. Compressor stations shall be inspected by the applicable local Fire Department prior to operation. During the active operation at the compressor station, Municipal staff or consultants designated by the applicable Municipal Manager shall have access to the site to determine continuing compliance with the special exception approval.
14. The applicant will reimburse the municipality for all reasonable and direct professional consultant fees incurred related to site inspection, approval process, or for specialized work called for in the permit.
15. The applicable municipality reserves the right to impose any other additional conditions necessary to protect the public health, safety, and general welfare of its residents in order to address any unique characteristics of a particular compressor station site which are not otherwise within the jurisdiction of federal and state regulations in accordance with the MPC.
16. Indemnification and express negligence provisions. The operator shall fully defend, protect, indemnify, and hold harmless the applicable municipality, its departments, officials, officers, agents, employees, and contractors from and against each and every claim, demand, or cause of action and any and all liability, damages, obligations, judgments, losses, fines, penalties, costs, legal and expert fees, and expenses incurred in defense of the applicable municipality, including, without limitation, personal injuries and death in connection therewith which may be made or asserted by any third parties on account of, arising out of, or in any way incidental to or in connection with the performance by the operator.
17. The facility and/or its operation shall comply with all applicable permits and requirements of the DEP, the EPA, and any other governmental authority having jurisdiction over its operations and with all Federal, State, and Local laws, ordinances, and regulations promulgated to protect the environment or otherwise relating to environmental matters. The applicant shall demonstrate that the compressor stations will not violate the citizens of the New Brighton Area's right to clean air and pure water as set forth in Art. 1, Sec. 27, of the Pennsylvania Constitution (the Environmental Rights Amendment). The applicant will have the initial burden to demonstrate that its operations will not affect the health, safety, or welfare of the citizens of the New Brighton Area or any other potentially affected landowner. The application submittal shall include reports from qualified environmental individuals attesting that the proposed location will not negatively impact area residents' environmental rights and will include air modeling and hydrogeological studies as potential pathways that a spill or release of fluid may follow.
18. The operator shall be required to provide notice of any spills and/or releases to the Township.
(Ord. 2024-01, 5/13/2024)
1. Natural gas processing plants shall only be permitted to occur on property that is a minimum of five acres or larger. The applicant shall strive to consider locations for its temporary and permanent operations where prudent and possible so as to minimize interference with the municipalities' residents' enjoyment of their property and future development activities. The applicant must present an expert witness testimony to demonstrate the location of the facility will not unreasonably adversely affect any of the following:
A. Lawful existing or authorized uses of adjacent properties.
B. Neighboring flood-prone or landslide-prone areas.
C. Agriculture or farmland.
2. A special exception application for a processing plant shall be accompanied with written permission from the property owner(s) who has legal or equitable title in and to the surface rights of the property or a court order recognizing the operator's authority to occupy the surface. If the operator owns the property, proof must be provided.
3. Special exception approval is nontransferable without consent from the Board of Supervisors, and shall automatically terminate, unless extended, if substantial construction is not commenced and sustained within one year from the date of issuance of the special exception. The special exception approval may be extended by the Board of Supervisors upon written request by the operator. The operator shall provide proof that the requested special exception permit for such location has not changed.
4. As part of the special exception application, the applicable municipality and all applicable Emergency Responders shall be provided the name of the person supervising the compressor station and a phone number where such person can be reached 24 hours a day. Also, a list of contact information for all subcontractors associated with the operations of the station must be provided. The list shall include verification that all supervisors/operators and subcontractors at the site are aware and understand this Section.
5. Access directly to state roads shall require PennDOT HOP approval. Prior to initiating any work at the processing plant, the applicable municipality shall be provided a copy of the HOP. Access roads shall also comply with the following:
A. Access roads must be 50 feet from adjacent property lines unless written consent is given by the adjacent property owner.
B. The first 50 feet must be paved. Then, 150 feet must be limestone in a manner that reasonably minimizes water, sediments, and/or debris carried onto any public roads.
C. If the access road is less than 200 feet, the entire road must be limestone.
6. The access driveway off the public road to the processing plant shall be gated at the entrance to prevent illegal access into the site. The site assigned address shall be clearly visible on the access gate for emergency 911 purposes. In addition, the sign shall include the plant name and number, name of the operator, and the telephone number for a person responsible who may be contacted in case of emergency.
A. The operator must provide a plan for the transmission of gas, water, oil, or other substances to and from the plant. The operator shall identify the location of, but not limited to, gathering lines, compressors, and other mid- and downstream facilities located within the applicable municipality and extending 800 feet beyond the municipal boundary. The operator shall provide the applicable municipality with all State and Federal permits that have been acquired, and bonding agreements, and proof of ability to operate such pipelines.
B. As part of the special exception process, the applicable municipality reserves the right to increase any required setback based on physical characteristics of the site, including but not limited to topography, woodlands, and distance from structures, parks, schools, and residential neighborhoods.
C. Processing plants shall utilize electric motors rather than internal combustion engines. The Board of Supervisors may approve the use of internal combustion engines as part of the special exception approval if deemed to be absolutely necessary, due to the prolonged lack of availability of electrical service. However, any exhaust from any internal combustion engine or compressor used in connection with the station, used by any production equipment, or used in development shall not be discharged into the open air unless it is equipped with an exhaust muffler or an exhaust box. The exhaust muffler or exhaust box shall be constructed of noncombustible materials designed and installed to suppress noise and disruptive vibrations. Moreover, all such equipment with an exhaust muffler or exhaust box shall be maintained in good operating condition according to the manufacturer's specifications.
D. Noise. The municipalities may require acoustical blankets, sound walls, mufflers, or other alternative methods to ensure compliance depending on the location of a proposed plant to adjacent residential properties. As part of the special exception application, and prior to construction, the operator shall establish the residual or background noise level baseline. The baseline shall be established over a 72-hour period with at least one 24-hour reading on a Saturday or Sunday. A noise consultant/engineer mutually agreed upon by the applicable municipality and owner/operator will be responsible for determining the residual background noise level baseline. The operator shall be responsible for all costs associated with the noise consultant/engineer.
(1) The noise generated during operating activities when measured at the nearest protected structure property line or 100 feet from the nearest protected structure (as measured to the closest exterior point of the building), whichever is closer to the protected structure, shall not exceed the average ambient noise level as determined by the 72-hour evaluation:
(a) During station or plant activities by more than ten dBa during the hours of 7:00 a.m. to 9:00 p.m.
(b) During station or plant activities by more than five dBa during the hours of 9:00 p.m. to 7:00 a.m.
(2) Sound Test.
(a) If a complaint is received by any person using a protected structure for a lawful purpose, within a reasonable vicinity of a compressor station, regarding noise generated by plant operations, the applicable municipality will conduct a sound test to verify that a viable complaint exists. Upon confirmation by the municipality that a possible noise violation exists, the operator shall, within 24 hours of the receipt of the complaint from the municipality, continuously monitor for a 48-hour period at a point which is the closer to the complainant's building of:
(i) The complainant's protected structure property line nearest to the well site or equipment generating the noise; or
(ii) 100 feet from the protected structure, whichever is closer.
(b) If the operator engages in any noise testing as required by this Section, it will provide preliminary data to the applicable municipality no later than ten business days following completion of the noise testing. Once the monitoring is complete, the operator will meet with municipal representatives and affected residents to discuss whether possible noise abatement measures are warranted, if the permitted levels set further herein were exceeded. The applicable municipality reserves the right to hire a noise consultant to do its own testing and investigation regarding the noise complaint.
E. Drip pans must be placed in any location, under equipment, that has the potential to leak.
F. All condensate tanks shall be equipped with vapor recovery and/or vapor destruction units.
G. All structures, including but not limited to pumping units, storage tanks, buildings, and structures, shall be painted a neutral color, and shall be compatible with the surrounding uses. Neutral colors shall include sand, gray, green, and unobtrusive shades of brown, or other neutral colors, as approved by the applicable municipality.
H. Processing plants shall be inspected by the applicable local Fire Department prior to operation. During the active operation at the plant, municipal staff or consultants designated by the applicable municipality shall have access to the site to determine continuing compliance with the special exception approval.
I. The applicant will reimburse the applicable municipality for all reasonable and direct professional consultant fees incurred by the applicable municipality related to site inspection, approval process, or for specialized work called for in the permit.
J. The applicable municipality reserves the right to impose any other additional conditions necessary to protect the public health, safety, and general welfare of its residents in order to address any unique characteristics of a particular processing plant site which are not otherwise within the jurisdiction of federal and state regulations in accordance with the MPC.
K. Indemnification and express negligence provisions. The operator shall fully defend, protect, indemnify, and hold harmless the applicable municipality, its departments, officials, officers, agents, employees, and contractors from and against each and every claim, demand, or cause of action and any and all liability, damages, obligations, judgments, losses, fines, penalties, costs, legal and expert fees, and expenses incurred in defense of the municipality, including, without limitation, personal injuries and death in connection therewith which may be made or asserted by any third parties on account of, arising out of, or in any way incidental to or in connection with the performance by the operator.
L. The facility and/or its operation shall comply with all applicable permits and requirements of the DEP, the EPA, and any other governmental authority having jurisdiction over its operations and with all federal, state, and local laws, ordinances, and regulations promulgated to protect the environment or otherwise relating to environmental matters. The applicant shall demonstrate that the processing plant will not violate the citizens of the municipalities right to clean air and pure water as set forth in Art. 1, Sec. 27, of the Pennsylvania Constitution (the Environmental Rights Amendment). The applicant will have the initial burden to demonstrate that its operations will not affect the health, safety, or welfare of the citizens of the municipalities or any other potentially affected landowner. The application submittal shall include reports from qualified environmental individuals attesting that the proposed location will not negatively impact the area residents' environmental rights and will include air modeling and hydrogeological studies as potential pathways that a spill or release of fluid may follow.
(Ord. 2024-01, 5/13/2024)
1. Parking for the individual storage units shall be provided by parking/driving lanes adjacent to the buildings. These lanes shall be at least 20 feet wide where access to storage units is only on one side of the aisle and at least 24 feet wide where access to storage units is on both sides of the aisle.
2. If a manager/business office established on the site, at least four off-street parking spaces must be provided adjacent to the office. If moving vehicles are available on the site for rent, an additional parking space shall be provided for each rental vehicle.
3. The servicing or repair of stored equipment shall not be conducted in the storage units or outdoor storage areas. Furthermore, no business activities shall be conducted within the storage units.
4. The storage of flammable liquids, highly combustible or explosive materials or hazardous chemicals is prohibited.
5. If a parking area provided for the outdoor, storage recreational vehicles, such parking shall be in addition to required off-street parking.
6. Illumination shall be in accordance with §27-509.
7. Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes, but is not limited to, fences, walls, plantings and open spaces.
(Ord. 2024-01, 5/13/2024)
1. A public water supply system and public sewer system approved by the Pennsylvania Department Environmental Protection must be used.
2. Each mobile home lot (not including street right-of-way) shall not be less than 7,500 square feet in area and not less than 55 feet wide at the street right-of-way line.
3. Minimum setback requirements:
A. Front setback: 20 feet.
B. Rear setback: ten feet.
C. Side setbacks: Each lot shall have side yard areas totaling not less than 30 feet and no one side yard distance less than 12 feet. In no case shall the distance between any two mobile homes be less than 30 feet.
4. The Zoning Hearing Board may require suitable screen planting, or may further restrict the proximity of mobile homes or other improvements to adjoining properties, or may attach such other conditions or safeguards to the use of land for a mobile home park as the Board may deem necessary to protect the general welfare.
5. A mobile home park or extension thereof shall also comply with all applicable State and/or municipal regulations now in effect or hereinafter enacted, including Part 8 of the Dover Township Subdivision and Land Development Ordinance [Chapter 22].
(Ord. 2024-01, 5/13/2024)
The business or commercial activity must satisfy the following requirements:
A. The business activity shall be compatible with the residential use of the property and surrounding residential uses.
B. The business shall employ no employees other than family members residing in the dwelling.
C. There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
D. There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
E. The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
F. The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
G. The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
H. The business may not involve any illegal activity.
(Ord. 2024-01, 5/13/2024)
1. All outdoor storage of maintenance equipment and bulk storage shall be setback a minimum of 50 feet from any property line and shall be screened from view in accordance with the requirements of the SALDO.
2. Buffer yards and screening shall be provided as necessary to adequately protect neighboring properties. A buffer yard at least 50 feet wide must be provided on the site in all instances where the site adjoins a residential use or district. The buffer yard shall be naturally landscaped, have no impervious cover and shall not be used for building, parking, loading or storage purposes. Screening shall be provided for the length of the buffer yard in accordance with § 22-721 of the Subdivision and Land Development Ordinance [Chapter 22].
3. Any exterior lighting and/or amplified public address system shall be arranged and designed so as to prevent objectionable impact on neighboring properties. Use of the outdoor public address systems shall only be permitted between the hours of 8:00 a.m. and 11:00 p.m. Exterior lighting other than that essential for the safety of the users of the premises shall be prohibited between the hours of 11:00 p.m. and 6:00 a.m.
(Ord. 2024-01, 5/13/2024)
1. General Requirements for new Rifle and Pistol Range.
A. Minimum lot area: five acres.
B. Minimum lot width: 300 feet (street side right-of-way). The range area must be a minimum of 400 feet wide plus the width of the shooting range. A minimum of 200 feet is required from any property or street right-of-way line. The area of use must be 900 feet from any neighboring residential or commercial dwelling.
C. An earthen background berm must be provided within 20 feet of the farthest target post. Such berms shall have a slope of not less than 45 degrees or a one to one ratio and must extend to 12 feet above the ground level of the highest target and or eight feet above the highest target. The crest of the berm at the 12 foot minimum height limit shall be at least four feet wide as measured between the wall of the berm facing the range and the opposite wall. The berm shall extend eight feet beyond the target on both sides. The berm shall be free of gravel and other hard surface material to provide adequate drainage. Natural earth backstop berms are permitted provided adequate vertical and horizontal requirements listed above are satisfied.
D. The earthen side berms must be provided immediately adjacent to the range and shall extend from the firing line to the background berm. The side berms shall meet the same design qualifications as set forth for background berms in subsection C. above.
E. Only targets mounted on target cross rails shall be permitted. No targets of any kind shall be set directly on the ground.
F. Warning signs noted 'Firing Range, Stay Clear' shall be posted outside the berms where visible from any location while approaching the berms.
2. General Requirements for new Trap and Skeet Range.
A. Minimum lot area: eight and one-half acres.
B. Minimum lot size: 300 feet (street side right-of-way). The range area must be 400 feet wide plus the width of the shooting range. A minimum of 200 feet is required from any property or street right-of-way line. The area of use must be 900 feet from any neighboring residential or commercial dwelling. The firing range must have 900 feet clear down range of firing line.
C. Only launched clay targets shall be used at a trap or skeet range. No targets of any kind shall be set directly on the ground.
D. Warning signs noted 'Firing Range, Stay Clear' shall be posted outside the designated area for trap and skeet shooting and must be visible from any location while approaching the trap or skeet range.
3. General Requirements for new Archery Range.
A. Minimum lot area: Not applicable (N/A).
B. Minimum lot size: The lot size will be dependent on the number of targets and the distance the targets are placed from the firing line. All targets must be located with a natural earth background or constructed berm such that the arrow of a missed target cannot land on a neighboring property or occupied areas. Targets set with clear and extended range beyond the target may be set up without a background berm providing that a missed target does not allow the arrow to land on a neighboring property or occupied area.
C. Warning signs noted 'Archery Range, Stay Clear' shall be posted outside the designated area for archery shooting and must be visible while approaching the archery range.
4. Existing rifle, pistol, trap, skeet and archery ranges prior to 4/6/15 shall be grandfathered and shall not be required to meet this requirement. However, these guidelines are highly recommended and will be required for any new range installation.
(Ord. 2024-01, 5/13/2024)
1. This accessory use is allowed only in the Conservation, Agricultural and Village Districts.
2. The use shall only be conducted by the owner of the property.
3. All service and/or repair activities shall be conducted within a wholly enclosed building that is detached from the principal building.
4. No vehicles, parts, tires or other materials shall be stored outside.
5. Any use involving the generation of waste grease and/or oil shall be required to install traps to collect these waste products. Such uses shall also demonstrate a regular and proper means of disposal of such greases and/or oils, as required by applicable State and/or Federal regulations.
6. Satisfactory provision shall be made to minimize harmful or unpleasant effects such as noise, odors, fumes, glare, vibration and smoke.
(Ord. 2024-01, 5/13/2024)
A. 1. On any lot or portion thereof on which a PSES is located, two principal uses may be permitted, one principal use being the PSES and the other being a principal use reserved unto the owner of the lot. This Section 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, subject to the following criteria.
B. Minimum Lot Size. A PSES shall be located on a lot or lots with no less than 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 acres.
C. Setback Requirements. The following setback requirements shall apply for a PSES:
1. Perimeter Fencing - 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 - 35 feet from all property lines and 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 75 feet between adjacent non-participating property lines 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 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 PA 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:
(a) Foundation systems, typically consisting of driven piles or monopoles or helical screws with or without small concrete collars.
(b) All mechanical equipment of PSES including any transformer, substation or structures for batteries or storage cells.
(c) Gravel or paved access roads and parking areas servicing the PSES.
F. Screening. The PSES shall be screened with a Type III screening in accordance with the Subdivision and Land Development Ordinance (SALDO) from non-participating parcels along 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 from a participating lot, 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 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 25-foot-wide access road or driveway must be provided from a state or township roadway into the site within 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 20-foot- wide 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.
(a) PSES installers must certify they are listed as a certified installer on the PA Department of Environmental Protection's (DEP) approved solar installer list or that they meet the criteria to be a DEP approved installer by meeting or exceeding one of the following requirements:
i.) Is certified by the North American Board of Certified Energy Practitioners (NABCEP).
ii.) Has completed an Interstate Renewable Energy Council (IREC) Institute for Sustainable Power Quality (ISPQ) accredited PV training program or a PV manufacturer's training program and successfully installed a minimum of three PV systems.
(b) Glint and Glare - A PSES shall comply with applicable FAA requirements. Solar panels are required to utilize anti-reflective glare coatings and, to the extent possible, should be oriented to avoid potential glare on adjacent properties and roadways.
(c) A PSES shall comply with the Township's noise regulations in the Code of Ordinances
(d) The PSES owner shall be required to conduct base-line soil testing and additional testing at certain intervals (every five to ten years until removal of the panels) to assure no soil contamination. The PSES shall timely forward a copy of these soil testing reports containing the results to the Township engineer.
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 acknowledgment 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 or within an Agricultural Security Area (ASA).
A. The PSES development area is equal to the total acres of land subject to lease by the PSES developer.
B. Solar Related Equipment Locations.
C. Solar Related Equipment may:
(1) Not be located on prime (Class I, II and III) agricultural soils;
(2) Only be located on 10% of the PSES development area containing prime soils; or
(3) Be limited to 10% of the development area containing prime soils, unless the area will be devoted to agrivoltaic activities, in which case 5% of the prime soils may be included in the development area. Agrivoltaic is the co-development of the same area of land for both solar photovoltaic power and Normal Farming Operations, as defined by P.L. 454, No. 133 (1982).
D. For each parcel on which a PSES, or a component of a PSES, is proposed, a map shall be provided by the Applicant detailing the PSES development area, the constrained area of the Class I, II, and III agricultural soils, and the portion of the PSES development that may be devoted to Solar Related Equipment.
E. Solar Related Equipment shall only be placed within that portion of any lot that has a defined PSES development area.
F. Solar Related Equipment shall not be located in:
(1) Floodways, as identified in the FEMA FIRM mapping.
(2) Regulated natural and man-made drainage corridors, extending 25 feet from the centerline of any such drainage feature, unless the Board of Supervisors at time of plan approval determines a lesser setback would create less impacts to the overall project.
(3) Wetlands.
(4) Riparian buffers extending 25 feet from any wetland or body of water, unless the Board of Supervisors at the time of plan approval determines a lesser setback would create less impacts to the overall project.
(5) Slopes in excess of 15%, unless the Board of Supervisors at the time of plan approval determines location in an area in excess of 15% would create less impacts to the overall project.
(6) Legal easements and rights-of-way.
(7) Setback areas.
(8) Woodland areas.
G. An applicant shall locate a Solar Energy System so that tree removal is not required to the extent practical. If the removal of trees is necessary in order to install a PSES, then an applicant shall present a plan demonstrating the necessity to remove trees and how they will be replaced.
H. Fencing/Security/Emergency Management.
(1) All PSES shall be completely enclosed by a minimum eight-foot-high fence and gates shall have locks. Fencing shall be of an agricultural type such as welded wire or post and rail fencing.
(2) Clearly visible warning signs shall be placed at the base of all pad-mounted transformers and substations and on the fence 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.
I. Lighting. Lighting shall not be permitted except to the extent required for security or by applicable federal, state, or local authority. Any lighting shall be directed downward so as to minimize negative impacts to adjacent uses.
J. 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.
K. 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 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-month period and shall notify the PSES owner of its decision within 45 business days of receipt of the PSES owner's notice.
(2) Prior to issuance of a building permit 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 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 prior to the release of any financial security.
(a) 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.
(b) Any necessary permits, such as Erosion and Sedimentation and NPDES permits, shall be obtained prior to decommissioning activities.
(c) 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.
(d) The PSES owner shall have 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 12-month extension of such time for just cause shown by the PSES owner.
(Ord. 2024-01, 5/13/2024)
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