A. Applicability.
(1) This section applies to solar energy systems to be installed and constructed after the effective date of the section, and all applications for solar energy systems on existing structures or property. Solar energy systems constructed prior to the effective date of this section shall not be required to meet the requirements of this section; provided that any structural change, upgrade or modification to an existing solar energy system that materially alters the size or placement of the existing solar energy system shall comply with the provisions of this section.
B. Design and installation.
(1) To the extent applicable, the solar energy system shall comply with the Pennsylvania Construction Code (Act 45 of 1999), 35 P.S.§ 7210.101 et seq., as amended, and the applicable regulations adopted by the Department of Labor and Industry, 34 Pa. Code § 401.1 et seq.
(2) For any solar energy system, the applicant shall demonstrate to the satisfaction of the Township Engineer that the proposed system, as designed, is an effective means for utilizing solar energy on the property. Such information shall be certified by a professional from the list of approved solar electric installers provided on the Pennsylvania Sunshine Program website operated by the Pennsylvania Department of Environmental Protection or from the North American Board of Certified Energy Practitioners (NABCEP).
C. Easements.
(1) On plans for new subdivision or land development that propose to provide for solar energy systems, a notation shall be placed on the approved plan stating that restrictions have been placed on the lots in question, pursuant to a recorded deed of easement, concerning the placement of structures and vegetation as they relate to the solar energy systems. The terms of the easement shall be as approved by the Township Solicitor.
(2) An applicant submitting a building permit plan not subject to subdivision or land development regulations shall submit evidence that an easement, the terms of which have been approved by the Township Solicitor, has been obtained from adjoining landowner(s) concerning the placement of structures and vegetation as they relate to the proposed solar energy system, if determined necessary by the Township Engineer.
