COLLEGE TOWNSHIP CENTRE COUNTY, PENNSYLVANIA ORDINANCE O SOLAR ENERGY SYSTEMS ORDINANCE

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1 COLLEGE TOWNSHIP CENTRE COUNTY, PENNSYLVANIA ORDINANCE O SOLAR ENERGY SYSTEMS ORDINANCE PROPOSED ORDINANCE TO AMEND THE COLLEGE TOWNSHIP CODE BY ADDING REGULATIONS FOR SOLAR ENERGY SYSTEMS INCLUDING REGULATIONS FOR SYSTEMS BUILT ACCESSORY TO A PRIMARY USE, WHICH WILL BE PERMITTED IN ALL ZONING DISTRICTS, AND THOSE BUILT SOLELY AS A PRIMARY USE, WHICH WILL ONLY BE PERMITTED IN THE GENERAL INDUSTRIAL DISTRICT BE IT RESOLVED AND ORDAINED, by the College Township Council, Centre County, Pennsylvania and the authority of the same, does hereby adopt, made this 18 th day of August, 2016, by amending the Code of the Township of College, County of Centre, Commonwealth of Pennsylvania, with the amendment of Chapter 200, Zoning, as follows: SECTION 1 INTENT It is the intent of this regulation to promote the safe, effective and efficient use of installed solar energy systems as either a principal use or accessory to an existing primary use. The ordinance advances this goal as follows: 1. Provides property owners and business property owners/operators with flexibility in satisfying their energy needs utilizing renewable sources. 2. Reduces overall energy demands within the community and promotes energy efficiency. 3. Integrates alternative energy systems seamlessly into the Township s neighborhoods and landscapes without diminishing quality of life in the neighborhoods. SECTION 2 DEFINITIONS Amend 200-7, Definitions, as follows. SOLAR COLLECTOR SURFACE Any part of a solar energy system that absorbs or reflects solar energy for use in the system s transformation process including any portion of the frames, supports and mounting hardware.

2 Page 2 of 14 SOLAR ENERGY SYSTEM An energy system that converts solar energy to usable thermal, mechanical, chemical, or electrical energy. SOLAR ENERGY SYSTEM, BUILDING-INTEGRATED - Those solar energy systems that are an integral part of a primary or accessory structure rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the structure. Building-integrated systems include but are not limited to photovoltaic or hot water solar systems that are contained within roofing materials, windows, skylights, awnings making them virtually indistinguishable from standard building materials. SOLAR ENERGY SYSTEM, BUILDING-MOUNTED A solar energy system whose components are mounted directly to a roof and/or wall of an accessory or primary structure. SOLAR ENERGY SYSTEM, GROUND-MOUNTED A solar energy system whose components are placed or mounted on the ground. SOLAR ENERGY SYSTEM, SELF-CONTAINED A solar energy system that is incorporated into a manufactured device in which the system generates energy exclusively for said device. Such solar energy systems include but are not limited to light fixtures, signs, or mechanical devices, such as pumps, fans, water level monitoring stations, etc. SECTION 3 ACCESSORY SOLAR ENERGY SYSTEMS Amend A(9), as follows. (9) Solar energy systems as an accessory use. All lots containing a primary permitted use in all zoning districts shall be permitted to install and maintain a solar energy system to provide some, if not all of the primary use s energy needs with the following regulations. (a) Applicability. A solar energy system shall be considered an accessory use under the following conditions. [1] The solar energy system s capacity is such that it supplements some, if not all, of the primary use s energy needs. [2] Large developments or institutions may utilize a solar energy system as an accessory use given that its design capacity is such that it is designed to supplement the development s or institution s energy needs. [3] Interconnection of the solar energy system into the utility grid shall not disqualify a system from being an accessory use given that the interconnection is only utilized periodically and the

3 Page 3 of 14 (b) Location. system can be defined as a customer-generator under 52 PA Code 75.1 of the Pennsylvania Code. [1] Building-mounted solar energy systems shall be permitted in any zoning district when located on any portion of an accessory or primary structure. [2] Ground-mounted solar energy systems shall be permitted in any zoning district on a lot with a primary use located on it with the following additional restrictions. [a] Ground-mounted solar energy systems shall not be permitted within the front yard of any lot except as noted below. For the purposes of this section, the front yard shall be considered the area between the front of a building and the street(s). i. Solar energy systems installed above a parking lot may be permitted in the front yard pursuant to A(9)(k). ii. Ground-mounted solar energy systems may be permitted in the front yard if they are screened from view from the public right of way and/or adjoining property owners. [b] When located within the University Planned District (UPD), ground-mounted solar energy systems shall be located only in the subdistricts that permit utility uses, facilities and structures. The exception to this shall be a ground-mounted solar energy system that is minimal in size and designed to only provide energy to a particular device or structure that is adjacent to the system. [c] In the Medical Campus District (MC), ground-mounted solar energy systems may be located within the designated open space area provided that the solar collector surface area does not exceed more than 33% of the open space area.

4 Page 4 of 14 (c) Height. (d) Setbacks. [1] For a building-mounted solar energy system installed on a sloped roof that faces an adjacent right-of-way, the solar energy system shall be installed at any angle to the roof on which it is installed given that the maximum distance between the roof and highest edge of the system shall not exceed eighteen (18) inches as measured perpendicular to the roof. [2] For a building-mounted solar energy system installed on a sloped roof other than that which faces an adjacent right-of-way, the solar energy system shall be installed at any angle given that the highest point of the system shall not exceed the highest point of the roof to which it is attached. [3] For a building-mounted solar energy system installed on a flat roof, the highest point of the system shall not be greater than six (6) feet above the roof to which it is attached. [4] The maximum height of ground-mounted solar energy systems as measured to the highest point of the system shall be as follows: [a] Not to exceed twenty (20) feet when located within a commercial or industrial zoning district as defined in [b] Not to exceed fifteen (15) feet when located within a Rural Zoning District as defined in [c] Not to exceed ten (10) feet when located within a Residential Zoning District as defined in The maximum height may be extended to twelve (12) feet if the rear or side yard consist of topographic constraints, environmentally sensitive features such as topographic constraints, existing vegetation, wetlands and/or floodplains which limit the amount of land available for a ground-mounted solar energy system necessitating the need for a taller system. [1] Building-mounted solar energy systems shall not extend beyond the edge of the roof, wall or other surface that they are located on. In addition, solar energy systems located on roofs of primary

5 Page 5 of 14 structures shall maintain at least a thirty (30) inch wide pathway on at least three sides of the solar energy system except on flat roofs in which case all four sides of the system must have a thirty (30) inch wide path way. In the event a sloped roof has two roof planes that meet forming hips or valleys, the 30 inches shall be measured between the solar energy systems located on each roof plane The thirty (30) inch requirement shall not apply to non-habitable accessory structures such as garages, car ports, sheds and the like. If the 30 inch pathway is limiting the effective size of the solar energy system, then the College Township Zoning Officer may direct the applicant for such a system to have the Centre Region Fire Director determine whether a width other than 30 inches is permissible and will not jeopardize fire fighter safety in the event of an emergency. [2] Ground-mounted solar energy systems shall be located at a distance equal to the building setbacks established by the zoning district the system is located in or a distance equal to one (1) times the height of the solar energy system, whichever is greater. If the ground-mounted solar energy system is six (6) feet in height or less and the total solar collector area is less than 144 square feet, the setbacks for the ground-mounted solar energy system may be reduced to five (5) feet. (e) Lot Coverage. The horizontal area projected by the solar energy system in addition to all impervious surfaces shall not exceed the maximum lot coverage as established by the zoning district in which it is located. For a tracking solar collector or other moveable solar energy system, the horizontal projection area shall be calculated at a thirty-three (33) degree tilt angle. (f) Screening and visibility. All solar energy system appurtenances, such as, but not limited to, water tanks, supports, plumbing and electrical lines, shall be painted and/or coated a color similar to the surface upon which they are mounted or otherwise designed to be as inconspicuous as possible. (g) Battery. When a solar energy system utilizes a battery system as part of the solar energy system, said battery(s) must be placed in a secure, locked container or enclosure. (h) Glare. Glare or glint from a solar energy system shall be regulated as follows:

6 Page 6 of 14 [1] It shall be the responsibility of the applicant to demonstrate to the Township that the proposed solar energy system will be installed in a manner to limit to the greatest extent possible any glare or glint from the solar energy system. [2] The latest version of the Solar Glare Hazard Analysis Tool (SGHAT) or an acceptable equivalent may be used to demonstrate to the Township the amount, location and timing that glare may be projected on to a habitable structure located on an adjacent property or on an adjacent right of way. [3] If it is determined that a solar energy system will project glare or glint on to a habitable structure located on an adjacent property or roadway, the Township may require one or more of the following methods to limit glint or glare: (a) Modification of the placement of the solar energy system in terms of location, angle of tilt, and/or azimuth angle of the solar collector(s), (b) Placement of landscaping or other physical object to limit the projection of glare or glint, (c) Utilization of Anti-Reflective (AR) glass on the solar energy system and/or (d) Utilization of glass with a light-diffusing texture on the front surface. [4] Any ground-mounted or building-mounted solar energy system whose area of the solar collector surface is greater than one-half (1/2) acre shall perform a solar glare analysis pursuant to AA(10). (i) Building-integrated solar energy systems. The solar energy systems regulations herein shall not apply to those systems that are defined as building-integrated solar energy system given that they do not make the structure that they are part of nonconforming with any other zoning regulations contained herein. In addition such a solar energy system does not need to be removed as required in A(9)(l). (j) Self-contained solar energy systems. Solar energy systems located on a light fixture, sign or other similar device shall be permitted wherever such device is located with the following regulations:

7 Page 7 of 14 [1] The solar energy system is limited in size so that it provides only enough energy for the device it is mounted on. [2] No part of the solar energy system shall extend more than three feet above the device it is mounted to or the maximum height permitted for the device, whichever is greater. (k) Parking lots and structures. Solar energy systems placed in parking lots shall be designed and installed as follows: (l) Procedure. [1] The solar energy systems shall be of a minimum height sufficient to allow access for motor vehicles to park underneath them. If the solar energy system is placed over a drive aisle within the parking lot then the minimum clearance below the lowest point of the solar energy system shall be fourteen (14) feet. [2] The solar energy systems placed over a parking area may exceed the maximum height restriction for ground-mounted solar energy systems given that the system not exceed the height of the primary use for which the parking area serves. [3] A solar energy system located over the top level of a multilevel parking structure, shall be permitted provided it does not exceed a maximum height of 20 feet as measured from the driving surface of the top level of the parking structure to the highest point of the solar energy system. [4] Parking islands required within parking bays and its accompanying landscaping shall not be required for those parking bays covered by a solar energy system. Raised parking islands shall still be required at each end of a parking bay. [1] All solar energy systems as defined herein shall require a zoning and building permit pursuant to the Article 4 of Chapter 82, Building and Construction Code and Article X of this Chapter. [2] The Township Zoning Officer shall review and approve applications for an accessory solar energy system to determine if the proposed solar energy system meets the intent s literal terms of this ordinance.

8 Page 8 of 14 (m) Violations. [1] The Township reserves the right to inspect a solar energy system for building or zoning code compliance and safety. [2] If upon inspection the Township determines that a zoning or building code violation exists, or that the system otherwise poses a safety hazard to persons or property, the Township may order the property owner to repair or remove the system within a reasonable time. Such an order shall be in writing, shall offer the option to repair, shall specify the code violation or safety hazard found and shall notify the property owner of his or her right to appeal such determination. [3] If a property owner fails to remedy the building or zoning code violation or fails to remove or repair the solar energy system and any appeal rights under Article X-A of the Municipalities Planning Code have been exhausted, the Township may penalize the landowner in accordance sections 616.1, 617 and of the Municipalities Planning Code. SECTION 4 SOLAR ENERGY SYSTEMS AS A PRIMARY USE Add the following new subsection to : "AA. Solar energy systems as a primary use. In addition to the district regulations specified, the development of a lot or lots for the sole purpose of generating energy from a solar energy system to be utilized off-site shall have the following additional regulations. (1) Location. Principal solar energy systems may only be located where it is listed as a permitted primary use in a particular zoning district. (2) Height. Principal solar energy systems may be permitted to exceed the height listed in its respective zoning district to the minimum extent necessary for their safe and efficient operation. (3) Setbacks. No portion of a principal solar energy system shall be located within the building setbacks as required by the principal solar energy system s respective district, or one and one-half times the height of the structure, whichever is greater. (4) Lot Coverage. The horizontal area projected by the solar energy system in addition to all impervious surfaces shall not exceed the maximum lot coverage as established by the zoning district in which it is located. For a tracking solar collector or other

9 Page 9 of 14 moveable solar energy system, the horizontal projection area shall be calculated at a thirty-three (33) degree tilt angle. (5) Battery. When a solar energy system utilizes a battery system as part of the solar energy system, said battery(s) must be placed in a secure, locked container or enclosure. (6) Screening and visibility. A solar energy system developed as a primary use shall be screened from view from an adjacent public right of way with a Buffer Yard D pursuant to E. (7) Warning signage. The manufacturer s or installer s identification including contact information and appropriate warning signage shall be posted at the site in a clearly visible manner. (8) Fencing. Solar energy systems as a primary use shall be enclosed by perimeter fencing of an appropriate height to restrict unauthorized access. (9) Power lines. To the greatest extent possible, on-site power lines shall be placed underground. (10) Glare. Solar energy systems shall be designed and installed in a manner as to not project any glare or glint onto any adjoining property or road way as follows. (a) A glare and glint study shall be performed and provided to the Township demonstrating compliance with this section. As part of the study, the applicant shall initially meet with Township officials to determine which observation points should be utilized. (b) The latest version of the Solar Glare Hazard Analysis Tool (SGHAT) or an acceptable equivalent shall be used to determine that the solar energy system will have no ocular impact or low potential for temporary after-image ocular impact for no more than a half hour in any given day. (c) The applicant shall make any necessary design changes if solar glare or glint will project on to a habitable structure located on any adjoining properties or roadway. (d) Any applicable design changes after initial submittal shall be reanalyzed with the report submitted to the Township for its review. (11) Procedure. All applications for a solar energy system as a primary use shall be reviewed and approved pursuant to the plan review procedures of Chapter 180, Subdivision of Land.

10 Page 10 of 14 (12) Removal. (a) If a solar energy system ceases to perform its originally intended function for more than twelve (12) consecutive months, it shall be considered abandoned and therefore removed including all equipment, devices and other appurtenances associated with the solar energy system. (b) Upon determining that a solar energy system has been abandoned, the Zoning Officer shall issue a notice of abandonment to the property owner noting that the solar energy system is deemed to have been abandoned. The owner shall have the right to respond to the notice of abandonment within thirty (30) days or receipt of said notice. (c) If the solar energy system including all equipment, devices, and other associated appurtenances is not removed, repaired or otherwise remains abandoned within three months of receipt of the notice of abandonment, the Zoning Officer may pursue legal action to have the solar energy system removed at the owner s expense. (13) Violations. (a) The Township reserves the right to inspect a solar energy system for building or zoning code compliance and safety. (b) If upon inspection the Township determines that a zoning or building code violation exists, or that the system otherwise poses a safety hazard to persons or property, the Township may order the property owner to repair or remove the system within a reasonable time. Such an order shall be in writing, shall offer the option to repair, shall specify the code violation or safety hazard found and shall notify the property owner of his or her right to appeal such determination. (c) If a property owner fails to remedy the building or zoning code violation or fails to remove or repair the solar energy system and any appeal rights under Article X-A of the Municipalities Planning Code have been exhausted, the Township may penalize the landowner in accordance sections 616.1, 617 and of the Municipalities Planning Code. SECTION 5 PLANNED RESEARCH AND BUSINESS PARK DISTRICT Amend C(3) as follows: "(3) Accessory uses. (a) Open space improvements and facilities.

11 Page 11 of 14 (b) Active recreational structures and fitness facilities. (c) Caretaker residences. (d) Other incidental operations required to maintain or support a primary or limited use, such as but not limited to maintenance shops, central energy facilities, solar energy systems, and wastewater treatment facilities. SECTION 6 MEDICAL CAMPUS DISTRICT Amend C(3) as follows: "(4) Accessory uses. (a) Open space improvements and facilities. (b) Active recreational structures and fitness facilities. (c) Child day-care centers. (d) Restaurants and retail incidental to the primary uses permitted above. Drive through services shall not be permitted. (e) Other incidental operations required to maintain or support a primary or limited use, such as but not limited to maintenance shops, central energy facilities, solar energy systems, wastewater treatment facilities, and helipads. Amend E(5) (6) as follows: "(5) Land within the open space area may be permitted to be used for the following: (a) Agriculture. (b) Passive or active recreation (including related structures). (c) Meadows, forest or other naturalized areas. (d) Stormwater facilities. (e) Wellhead protection areas (including pumphouse and other ancillary structures). (f) Solar energy systems as an accessory use pursuant to A(9).

12 Page 12 of 14 (6) For purposes of calculating required acreages specified herein, open space shall not include land occupied by streets, including public rights-of-way, driveways, parking spaces and buildings or structures, other than recreational structures related to uses permitted in the open space area as noted above.

13 Page 13 of 14 SECTION 7 GENERAL INDUSTRIAL DISTRICT Amend B, General Industrial District Regulations as follows: ZONING 200 Attachment 15 Township of College Criteria and Standards for the General Industrial District (I-1) [Amended by Ord. No. O-93-02; by Ord. No. O-94-03; by Ord. No. O-97-05; by Ord. No. O-01-03; by Ord. No. O-06-06; by Ord. No. O-07-01; by Ord. No. O-07-13; by Ord. No. O-09-17; by Ord. No. O-13-07; by Ord. No. O-15-03; by Ord. No. O-15-08] (1) Auto wrecking, junk and scrap establishments; see (2) Bulk storage of materials; see (3) Business services (4) Commercial parking lots (5) Communications facilities and communication towers; see X (6) Construction equipment and vehicles; rental, sales, service and storage of (7) Data center (8) Freight handling equipment and vehicles; rental, sales, service and storage of (9) Industrial services (10) Manufacturing facilities (11) Mini storage/self-storage facilities (12) Motor vehicle fueling station; see also C and C (13) Motor vehicle maintenance/repair and storage (14) Office uses (15) Radio and television studios (16) Research, engineering and testing laboratories (17) (17) (18) Utility facilities (18) (19) Vocational/technical schools (19) (20) Warehousing, wholesaling, distribution and freight movement/handling facilities (20) (21) Bulk storage of gas, petroleum, gasoline and other petroleum derivitives; explosives (21) (22) Intensive manufacturing facilities (22) (23) Power generation facilities (23) (24) Nonindustrial uses by conditionalu use, see Chapter 87 Conditional Uses Accessory Uses PERMITTED USES Land and structures may be used for only the following: Primary Uses (24) (25) Retail sales and customer service areas as an accessory use to any permitted primary uses listed above and in accordance with the requirements of D, Retail sales and customer service. (25) (26) Customary uses accessory to the above, essential services Lot Requirements The following lot requirements shall be met for each primary use: Minimum Size The minimum lot size shall be determined on the basis of the minimum width, maximum coverage yard setback, parking and other requirements contained in this section and chapter Minimum Width (feet) 150 Maximum Coverage 50% (buildings) 75% (total impervious) Yard Setback Requirements The following yard requirements shall be met: Front Yard (feet) 100 (see note 1) Side Yard (feet) Rear Yard (feet) (see note 1) See for lot requirements, yard setback requirements and maximum height restrictions 50 See primary use to which it is accessory 100 (see note 1) NOTES: [1] Setback shall be increased to 300 feet of any zoning district other than General Industrial District (I-1) or Rural Residential (RR) Maximum Height (feet) 45

14 Page 14 of 14 SECTION 8 SEVERABILITY If any sentence or clause, section, or part of this ordinance is found to be unconstitutional, illegal, or invalid, such findings shall not affect or impair any of the remaining parts of this ordinance. It is hereby declared to be the intent that this ordinance would have been adopted had such part not been included. SECTION 9 EFFECTIVE DATE This ordinance shall take effect five (5) days after enactment. ENACTED AND ORDAINED, this 18 th Council, Centre County, Pennsylvania. day of August, 2016, by the College Township ATTEST: Adam T. Brumbaugh COLLEGE TOWNSHIP COUNCIL: D. Richard Francke