Agenda - Planning Commission - 07/18/2013 - Special

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Zoning Bulletin May 25, 2013 I Volume 7 I Issue 10 Township's Zoning Officer for approval to install a solar energy field on four acres on the Property. The proposed solar energy field would consist of 7,000 solar energy panels, divided into 280 individual units, with each complete unit being approximately 13.5 feet wide and 26 feet long. The School District intended to use the solar energy panels to generate electric power to the School. The School District maintained that the proposed solar energy field would: allow the School District to save between approximately $2 and $4 million over a 20-year term in lower energy costs; provide an educational component to students; comply with all building codes; comply with all appropriate setbacks and requirements of the A/RR Zoning District; and not cause any "deleterious effects on the surrounding neighborhoods." The Zoning Officer denied the application and opined that the proposed use constituted a "second commercial principal use" of the Property. The School District appealed to the Township's Zoning Hearing Board (the "ZHB"). The School District contended that the proposed use was not a second principal use. They argued that the use was a permitted "accessory use" under § 180-25(A) of the Township's Zon- ing Ordinance. Section 180-25(A), entitled "Accessory Uses — Alternative Energy Systems," provided: "Solar energy units shall be permitted in any zone and subject to the requirements of that zone." The ZHB agreed that the proposed use did not constitute a "second principal use." However, the ZHB rejected the School District's argu- ment that § 180-25(A) of the Zoning Ordinance permitted a solar energy field as an accessory use "as of right" in the A/RR Zoning District. The ZHB reasoned that § 180-25(A) allowed solar energy units subject to the "requirements of the zone." Since public schools were permitted by special exception in the A/RR Zoning District, the ZHB looked at the Zoning Ordinance's special exception standards for public schools —specifically § 180-94(G), which permitted "accessory uses customarily incidental" to a public and private school. The ZHB ultimately determined that solar fields were not an "accessory use cus- tomarily incidental" to a public or private school and therefore was not a permitted "accessory use." The School District appealed. The common pleas court affirmed the ZHB's opinion. The School District again appealed. Among other things, on appeal, the School District argued that their proposed energy field was permit- ted as of right on the Property under § 180-25(A) of the Zoning Ordinance which specifically designated solar energy units as an "ac- cessory use" allowed in every Zoning District. DECISION: Reversed, and matter remanded. The Commonwealth Court of Pennsylvania agreed with the School © 2013 Thomson Reuters 7