OXFORD BOROUGH SOLAR PV PANEL INSTALLATION

BUILDING PERMIT APPLICATION

(Please Print)

To alter or erect a structure in accordance with the Zoning Ordinances and all other pertinent ordinances of the Oxford Borough, Chester County, Pennsylvania.

1.______, hereby make application for a permit to alter or erect on the property at ______(address or location description.)

Owner Name:______Phone______

Address: ______

City: ______Zip:______

Tax Parcel # ______Zoning Dist. ______

Permit Fee $150.00

Application Fee 60.00

(If an engineering review is necessary, cost will be added)

Pa. Dept. of Community & Economic Development Fee 4.00

______

Total Cost $ .

Make checks payable to: Oxford Borough

Documents Required – 2 Copy of each of the following

1.  Plot Plan showing setback Cost of Improvement $______

2.  Floor Plan

3.  Sec. T (if needed)

4.  Elevation (if needed)

5.  Technical information

Official Use Only:

Application #______Building Permit #______

Approved: ______Date: ______

Denied: ______Date: ______

Reason for Denial:______

ORDINANCE #852-2012

AN ORDINANCE OF THE BOROUGH OF OXFORD, CHESTER COUNTY, PENNSYLVANIA, AMENDING THE EXISTING BOROUGH ZONING ORDINANCE, CHAPTER 27 OF THE CODE OF THE BOROUGH OF OXFORD, REGARDING SOLAR ENERGY FACILITIES.

BE IT ENACTED AND ORDAINED by the Council of the Borough of Oxford, Chester County, Pennsylvania, that certain provisions of the Chapter 27, Zoning Ordinance of the Borough of Oxford, as amended, be amended as follows:

SECTION 1. Part 2, Definitions, §27-202, Definitions of Terms, shall be amended to add the following new term and definitions:

SOLAR ENERGY SYSTEM – An energy collection and conservation system that takes solar energy and converts it into usable electrical energy, heats water, and/or provides other lawful benefits. Such a system shall include all panels, wiring, and related ancillary equipment, and shall be principally designed and used to generate power to offset utility costs on the property where the system is located.

PASSIVE SOLAR ENERGY SYSTEM – A system or feature that uses solar energy but does not use solar panels or convert the energy to electricity.

SOLAR FARM – A solar energy system designed to be a principal use on a parcel and designed to distribute electricity off the site on which the system is located.

SECTION 2. Part 4, PD-1 Planned Development District, §27-405, Uses Permitted as Conditional Uses, shall be amended to add new Subsection B as follows:

B. Solar farm, in accordance with the terms of §27-1328 of this chapter.

SECTION 3. Part 10, I General Industrial District, §27-1005, Uses Permitted as Conditional Uses, shall be amended to add new Subsection C as follows:

C. Solar farm, in accordance with the terms of §27-1328 of this chapter.

SECTION 4. Part 13, Supplemental Land Use Regulations, shall be amended to add new §27-1328, Solar Energy Facilities, as follows:

A. Statement of Intent

It is the intent of this section to allow for the safe use of solar energy systems within the Borough while providing simple guidelines to minimize any negative impacts on residents or properties throughout the Borough. These may include, but are not limited to, matters of public safety, glare, and storm water. The requirements of this section are not intended to hinder the ability of citizens to supplement their energy supply through the proper use of solar energy systems. This section also establishes standards for the safe and appropriate operation of solar farms.

B. The following development and design standards shall be applied to the construction and installation of any solar energy system:

1. Solar energy systems are permitted in all zoning districts as an accessory use.

2. A building permit is required for the installation of any solar energy system.

3. Energy produced by a solar energy system shall be primarily for personal use on the property where the system is located. Energy produced in excess of personal needs on the property may be sold to a local electric provider, but only as an ancillary and secondary result of the solar energy system.

4. The local electrical distribution utility company shall be contacted concerning the connection of a system to the grid and to address any further issues. The applicant shall provide written proof to the Borough as part of the permit application that the local electrical distribution utility company was contacted and informed of the applicant's intent to install a solar energy system. Contacting the local electric company is not necessary for off-grid systems.

5. Advertising on solar energy systems, other than reasonable identification of manufacturer and operator, is prohibited. This includes any signage, streamers, ribbons, flags, banners, or similar materials, but does not include the posting of appropriate warning signs.

6. All solar energy systems shall be professionally constructed and shall be installed in accordance with all applicable codes and manufacturer's specifications. Solar energy systems shall be certified by Underwriters Laboratories, Inc. and the National Renewable Energy Laboratory, the Solar Rating and Certification Corporation, or other certifying agency determined acceptable by the Borough. The Borough reserves the right to deny a building permit for proposed solar energy systems deemed to have inadequate certification.

7. A solar energy system may be placed on the roof (roof mounted) or on the ground (ground mounted).

8. Additional standards for roof-mounted solar energy systems

a. A roof-mounted solar energy system may be mounted on a principal or accessory building. The system shall in no place hang off or extend beyond the edge of the roof. For sloped roofs, the system shall not extend higher than the current peak of the roof. For flat roofs, the system shall not extend higher than five (5) feet vertically above the roof and shall not be higher than the maximum allowable height for buildings in the applicable zoning district. The system shall not be placed on a front roof unless the Zoning Officer determines that this represents the only feasible location where a solar energy system would be functional.

b. An application for any roof-mounted solar energy system with a pitch different than the roof (not flush mounted) must, as part of the building permit application, submit justification for the proposed design and demonstrate: [i] how the design will accommodate potential impacts from snow and wind; and [ii] how any potential off-site impacts from glare will be mitigated. Such documentation shall be prepared by a professional or professionals acceptable to the Borough

c. For any proposed roof-mounted solar energy system, the building permit application shall include certification of its structural integrity, prepared by a professional or professionals acceptable to the Borough.

d. For roof-mounted systems, an effort shall be made to make the wiring and hardware blend in with the roof and building façade.

9. Additional standards for ground-mounted solar energy systems

a. A ground-mounted solar energy system shall comply with the same setback requirements as an accessory building in the applicable zoning district. The system shall not be taller than 15 feet.

b. A ground-mounted solar energy system shall not be located in a front yard.

c. Where a ground-mounted solar energy system is proposed to be located in a residential zoning district and/or adjacent to a residential use, such system shall be screened from view from neighboring properties to prevent the impact of glare on such properties. Screening may be accomplished by vegetation, fences, or walls in accordance with the terms of this chapter.

d. All wiring for ground-mounted solar energy systems carrying electric current shall, to the maximum extent practicable, be buried underground to ensure safety. All wiring shall comply with the appropriate version of the National Electric Code.

e. The surface area of a ground-mounted solar energy system shall be considered impervious surface and subject to the applicable terms of this chapter.

C. Passive solar energy systems installed during the construction of a building that do not include solar panels are not subject to the terms of this section. If improvements are being made to a building to increase its use of passive solar energy, a building permit may be required.

D. Solar energy systems installed prior to enactment of this section are not required to comply with the terms of this section. However, any expansion of these systems at any point shall then require the updated system to be in compliance with this section.

E. The following standards shall be applied to the installation and construction of any solar farm:

1. A solar farm shall be permitted as a principal use in the PD-1 Planned Development District and the I General Industrial District when approved as a conditional use by the Borough Council in accordance with the terms of this chapter.

2. A solar farm may be permitted on any Borough-owned property at the sole discretion of Borough Council.

3. A solar farm shall comply with the minimum net lot area, minimum setback, and maximum impervious surface coverage requirements for a single-family detached dwelling in the PD-1 zoning district.

4. A security fence of at least 8 feet in height must enclose the perimeter of any solar farm site.

5. All appropriate warning signage and signage identifying operators shall be clearly posted at the site.

6. All wiring and on-site power lines shall be placed underground, to the maximum extent practicable. Any wiring carrying live current that is above ground shall be clearly labeled as such.

7. The following shall be included in any application for conditional use approval:

a. A descriptive plot plan that includes setbacks, property lines, roads/rights-of-way, buildings, number of solar panels, solar panel size, and impervious surface coverage calculation.

b. An application for a solar farm that is to be connected to the electric grid may not be approved until written evidence is provided to the Borough showing a written notice has been provided to the local electrical distribution utility company notifying them of the applicant's intentions to build an interconnected customer-owned solar farm.

c. If the applicant is not the property owner, an affidavit or other satisfactory evidence of agreement between the applicant and property owner confirming that the former has the permission to apply for conditional use approval is required.

d. The applicant shall provide any other relevant studies, reports, or approvals as may be reasonably requested by the Borough.

e. A decommissioning plan, detailing the expected duration of the solar farm and how the facility will be deconstructed once it is no longer in use, shall accompany the application. The applicant shall provide financial security in a form and amount suitable to the Borough to guarantee the removal of the equipment when its useful lifespan has been reached.

f. Solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways. The Borough may require the applicant to submit a glare study in sufficient detail to demonstrate that this standard can be met.

g. A solar farm shall be sited in such a way that it presents no threat to traffic or to public health and safety.

8. If any solar farm has stopped operating for longer than 1 year, the Borough may require that the facility be decommissioned at the owner’s expense. A bond or other surety, satisfactory to the Borough, shall be provided to cover the anticipated cost of deconstruction of the solar farm.

SECTION 5. If any sentence, clause, section or part of this ordinance is, for any reason, found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts hereof. It is hereby declared as the intent of Borough Council that this ordinance would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.

SECTION 6. All ordinances or parts of ordinances conflicting with any provisions of this ordinance are hereby repealed insofar as the same affects this ordinance.

SECTION 7. This amendment shall take effect and be in full force and effect 5 days from and after the date of its final passage and adoption.