1. Regulations Applicable to All Principal Solar Energy Systems.
A. Ground mounted - principal solar energy systems are a conditional use in LI (Light Industrial District) and HI (Highway Interchange District) Zoning Districts. Ground mounted PSES are not permitted in any other zoning districts.
B. Roof mounted - principal solar energy systems are a conditional use in all zoning districts.
C. Project narrative including the following: an overview of the project, project location, the approximate generating capacity, the number, representative types and heights of facilities to be constructed, including their generating capacity, dimensions, and respective manufacturers, and description of any ancillary facilities to the solar-energy system.
D. An affidavit or similar evidence of agreement between the property owner and the solar-energy facility owner or operator demonstrating permission to apply for necessary permits for construction and operation of a solar-energy facility.
E. All PSES applications after the effective date of this Part shall be required to meet the terms and conditions of Lamar Township Code, including but not limited to §112 Stormwater Management, §119 Subdivision and Land Development and §150-60 Observance of Performance Standards.
F. PSES constructed prior to the effective date of this Section shall not be required to meet the terms and conditions of this Part. Any physical modification to any existing PSES, whether or not existing prior to the effective date of this Section that expands the PSES shall require approval under this Part. Routine maintenance or replacements do not require a permit.
G. The PSES layout, design and installation shall conform to applicable industry regulations, and with all other applicable fire and life safety requirements.
H. All on-site utility transmission lines less than 34.5 kV and plumbing shall be placed underground to the greatest extent feasible.
I. The owner of a PSES shall provide the Township with written confirmation that the public utility company to which the PSES will be connected has been informed of the customer's intent to install a grid connected system.
J. If a PSES is being used as an accessory use for commercial or industrial activity on another property, then the Township shall be informed of the intent of the PSES.
K. Signage shall comply with the prevailing sign regulations.
L. All PSES shall be situated to eliminate concentrated glare onto nearby structures or roadways.
M. All solar energy systems should be designed and located to ensure solar access without reliance on and/or interference from adjacent properties.
N. The PSES owner and/or operator shall maintain a phone number throughout the life of the project for the Lamar Township Code Enforcement Officer to contact with inquiries and verified complaints. The PSES owner and/or operator shall make reasonable efforts to respond to the inquiries and complaints. A contact name, with knowledge of the system, must be provided to Lamar Township with updates due to employee advancement or turnover.
2. Ground Mounted Principal Solar Energy Systems.
A. The PSES shall meet the minimum lot size requirement of five acres.
B. Setbacks.
(1) PSES shall comply with the following setback requirements:
(a) Building setbacks of the applicable zoning districts, except:
(b) Adjacent to any residential district (R-1, R-2) or parcel with an existing residential structure, the solar panels must follow a 50-foot setback while the fencing shall comply with the setbacks of the underlying zoning district.
(2) If the PSES occupies two or more adjacent properties, setbacks between the adjacent properties shall be waived along the shared property boundaries so that the PSES may be installed continuously and make most efficient use of the project area.
C. Height.
(1) Ground mounted PSES solar panels shall not exceed 25 feet in height.
D. Impervious coverage.
(1) According to Pennsylvania DEP, the area beneath the ground mounted PSES is considered pervious cover. However, use of impervious construction materials under the system could cause the area to be considered impervious and subject to the overall lot coverage requirement.
(2) Gravel of paved access roads servicing the PSES shall be considered impervious coverage and calculated as part of the impervious coverage limitations.
E. Screening and vegetation.
(1) Street screening shall consist of slat fencing or shrubs, 6 feet to 8 feet high when mature, shall be planted every 15 feet of property abutting a public right-of-way. Shrubs shall be planted adjacent to or outside of the road right-of-way. Solar perimeter fence shall be placed between shrubs and solar panels. Reasonable modifications to these requirements may be requested through §27-1704, Paragraph 3., Modifications, below.
(2) Residential buffer screening may be slat fencing or a row of evergreen conifers or broadleaf evergreens spaced in accordance with the chosen species to achieve a continuous visual barrier reaching 6 feet to 8 feet in height within two years of planting. Screening may be a combination of plantings and/or structures with prior approval by the Township. Reasonable modifications to these requirements may be requested through §27-1704, Paragraph 3., Modifications, below.
(3) Perimeter fence shall be placed between shrubs and solar panels.
(4) Widespread use of herbicides to control ground cover growth is prohibited.
F. Unless agreed to by easement or right-of-way holder, ground mounted PSES shall not be placed within any legal easement or right-of-way location, or be placed within any storm water conveyance system, or in any other manner that would alter or impede storm water runoff from collecting in a constructed storm water conveyance system.
G. Security.
(1) In accordance with NEC, all ground mounted PSES shall be completely enclosed by fencing with locking gate. The current NEC code requires a minimum six-foot high fence with barbed wire or a seven-foot high fence.
(2) A clearly visible warning sign 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.
H. Access drives to solar inverter stations are required to allow for maintenance and emergency management vehicles. A recommended minimum cartway width is 12 feet.
I. If a ground mounted PSES is removed, any earth disturbance as a result of the removal of the ground mounted solar energy system must be returned to an environmentally stable condition.
3. Roof Mounted Principal Solar Energy Systems.
A. PSES mounted on roofs of any building shall be subject to the maximum height regulations specified for buildings within the applicable zoning district.
4. Local Emergency Services.
A. The applicant shall provide a copy of the project summary and site plan to local emergency services, including paid or volunteer fire department(s).
B. The applicant shall cooperate with emergency services to develop and coordinate the implementation of an emergency response plan for the solar energy facility.
5. Decommissioning.
A. An affidavit, or similar evidence, signed by the property owner and the PSES facility owner affirming a lease agreement with a decommissioning clause (or similar) and a successors and assigns clause. The decommissioning clause must provide sufficient funds to dismantle and remove the PSES, including all solar related equipment or appurtenances related thereto, including but not limited to buildings, electrical components, roads and other associated facilities from the property. The successors and assigns clause must bind those successors and assigns to the lease agreement.
B. The PSES owner is required to notify the Township immediately upon cessation or abandonment of the operation. The PSES shall be presumed to be discontinued or abandoned if no electricity is generated by such system for a period of 12 continuous months and the owner has not initiated necessary remedial actions to return the PSES to a generating state. If the PSES owner fails to dismantle and/or remove the PSES within 18 months of cessation or abandonment, the Township may complete the decommissioning at the property owner’s expense.
C. The applicant for a zoning permit for a PSES shall execute an agreement with the Municipality providing financial security in an amount equal to 125% of the estimated cost to decommission the PSES. The estimated cost shall be prepared by the applicant and shall be in writing itemizing the costs. The estimated costs shall be subject to the approval of the Municipality. The financial security shall be: (1) funds deposited with the Municipality, (2) a bond from an entity acceptable to the Municipality or (3) an irrevocable letter of credit from an entity acceptable to the Municipality The agreement and financial security shall remain in effect until the PSES is decommissioned and the land restored to its original condition. The financial security may be utilized by the Municipality to pay the costs of repair, replacement, dismantling, removal and/or restoration of the PSES or the land as provided herein. Every five years, a new estimate of the said costs shall be submitted to the Municipality in writing by the owner of the PSES. The said estimate shall be subject to the approval of the Municipality. The said financial security shall be adjusted to equal 125% of the said estimated costs. Should the financial security not be sufficient to pay the costs and the fee, the owner of the PSES shall be liable for the costs and fees not paid from the financial security. The agreement referred to herein shall be prepared by the Municipality. All costs, expenses and fees incurred by the Municipality in reviewing the estimates or enforcing the said agreement shall be paid by the owner of the PSES within ten days of receiving a bill for the same.
(Ord. 2024-01, §2)