Solar Energy Devices
Solar Energy Devices mean and include any equipment, devices and systems, and the components thereof, which convert the sun’s energy into usable heat or electricity, including solar thermal devices such as collectors to heat swimming pools or domestic hot water or living space, and solar modules which convert sunlight directly to electricity, Solar energy devices include, without limitation, devices designed and erected on rooftops such as solar panels and solar shingles.
No Solar Energy Devices shall be installed on the exterior of any Lot or Dwelling without submission for, and receipt of, architectural approval pursuant to Article IX, Section 9.02 of the Declaration.
The submission for approval shall include an application for architectural approval in the form prescribed by the Association and available upon request from the Association’s managing agent. In addition, and without limiting the foregoing, the submission must include professional quality scaled drawings showing construction details, and clearly showing elevations of the Dwelling, locations of the Solar Energy Device, location and routing of all associated plumbing or electrical runs to and from the Solar Energy Device and all associated components (pumps, filters, electrical control/ safety devices), and all supporting hardware (brackets, frames, conduit covers, etc.) Product literature for the proposed Solar Energy Device and associated components must be submitted with the application package. The color of Solar Energy Devices and associated components (including electrical and plumbing runs or conduits, and supporting hardware) must be included in a manner which through photographic illustrations or like materials adequately and realistically depicts the color of the component materials.
The submission for approval should further show surrounding streets and Dwellings and the distance of the subject Dwelling and Solar Energy Device to said surrounding streets and Dwellings. This aspect may, where sufficiently clear and adequately illustrative, may be accomplished by available satellite imagery with image scale included.
The submission must include any such other documents or certifications as are necessary to show compliance with all general and specific standards of approval set forth below.
The submission for approval shall, where applicable, include evidence of written submission to the owner of any adjoining Lot from which the Solar Devices will be visible, of notice that the applicant is making the subject proposal to the Board and of all materials specifications of the proposal. The purpose of this requirement is allowing impacted neighbors to offer input on the proposal. Neither consent nor objection by neighbors will, of themselves, be determinative of the decision by the Board but constructive and fact specific feedback from the neighbors may be considered by the Board in terms of determining in what manner or to what extent the proposal will impact neighbors and/or be consistent with neighboring Dwellings and improvements. The time periods for approval and/or for other action by the Board on the submission will be as set forth in the Declaration.
General Standards of Law and Industry: If used to heat water, the Solar Energy Device must be certified by the Solar Rating and Certification Corporation or other nationally recognized certification agency. Certification must be for the Solar Energy Device(s) themselves and for the method of installation.
If used to produce electricity, the Solar Energy Devices must meet all applicable safety and performance standards established by the National Electric Code, the Institute of Electrical and Electronics Engineers, accredited testing laboratories (such as Underwriters’ Laboratories) and applicable rules of agencies of the Commonwealth regarding safety and reliability. Specifically, but without limitation, the owner must obtain any such zoning and/ or construction code approvals as may be necessary from Upper Uwchlan Township and submit proof thereof with its application, or, where permitted to be provided later, before commencing any work on the Solar Energy Device installation.
The owner of the Lot and/or Dwelling on which the Solar Energy Device is to be installed must agree, in writing, to indemnify, release, and hold harmless the Association and its members from and against claims, losses, liabilities, damages and expenses, including but not limited to court or administrative proceeding costs and attorney’s fees, caused by the installation, maintenance or use of the Solar Energy Devices.
The owner must agree, when determined by the Board to be necessary in a given case, to supplement the installation with screening of a type and size and materials either prescribed by the Board or submitted to and approved by the Board in order to maintain and protect the aesthetic qualities of the other improvements and grounds within the Property and/or to mitigate impacts on neighbors where needed and practicable.
Any owner who shall erect or install, or commence installation or construction of any Solar Energy Devices on the exterior of any Dwelling or Lot, shall be subject to fines in accordance with the Declaration, Act, and any supplemental rules and regulation adopted by the Board. Further, the Board shall have the right to compel the removal of any unapproved installation or construction and to recover its costs and expenses (including attorney’s fees) in accordance with the terms of the Declaration.
Specific Design Standards: Tracking or movable Solar Energy Devices are not permitted if they are visible from the public street or from any neighboring property.
No portion of the Solar Energy Device may extend above the roof ridge line or beyond the vertical plane of the structure walls of the residential structure.
The installation must be of a type which, in the Board’s opinion, reflects that which is of the most architecturally and visually compatible appearance, color, and material as is feasible and practicable given (a) the heating or electric production objectives of the proposed installation and (b) the state of the art in the industry at the time of the application in terms of impact on and degree of blending with the subject Dwelling and Dwelling and improvements on surrounding Lots. For example only, if low profile solar shingles may be installed in a given application, in lieu of raised panels, an application for raised panels may be denied subject to the privilege of the applicant to resubmit an application for solar shingles in place of the more visually disparate solar shingles. The burden shall be on the homeowner to demonstrate that a less visually disruptive system or components will not, due to particular circumstances of the Dwellings location, orientation, or other factors, be able to produce sufficient energy, heat, or electricity to be function feasibly or to provide a reasonably efficient energy production value.
Except where otherwise approved by the Board, roof mounted Solar Devices shall be placed on the rear facing side of the Dwelling and on that side which is either not visible or, when not visible is not achievable, then least visible to immediately adjoining homes and abutting public streets. The burden shall be on the applicant to demonstrate that any other placement is: (a) critical to feasible provide reasonably efficient energy production value; and (b) least visible to immediately adjoining homes and abutting public streets of any possible location.
The upper edge of roof mounted Solar Energy Devices shall be as close to “flush” as possible with the weathering surface of the roof, but in no event further than five inches (5″) from the weathering surface of the roof, and shall be parallel to the plane of the roof. The surface of the Solar Energy Device must match the color of the roof unless the solar teclmology requires a transparent top surface. For example, all photovoltaic modules or solar thermal collectors with a glass top surface may be black or dark blue, since they require a transparent top surface to properly collect the sun’s energy. All other components of the systems (mounting devices and hardware, electrical and plumbing conduits) must match the color or the roof or wall to which they are attached. No reflective material is permitted.
Wires, conduits, pipes and other associated components shall to the fullest extent practicable be confined to the interior of the Dwelling or other supporting structure or if same is not feasible then shall be hidden from view to the fullest extent practicable. When it is not feasible to confine such features to the interior or to hide them from view, they shall follow the architectural lines of the structure.
Solar panels or shingles must match the roof color to the maximum extent feasible. If panels or shingles cannot be installed to match or substantially blend with the roof color, then the existing roofing materials must be replaced in order to match or substantially blend with the panels or shingles, and in such case the entire roof, and not merely a portion must be replaced, and the proposed new roofing materials must be submitted for review and approval (based on a complete architectural control submission) before or simultaneously with review and approval of the Solar Energy Device(s).
Solar Energy Devices shall be installed and located in such fashion as will produce the least feasible amount of direct glare when viewed from any neighboring Lot or Dwelling.
Ground mounted Solar Energy Devices shall be located only behind the front line of the Dwelling and in such location as will not be visible from adjoining Lots or public streets, unless it can be demonstrated that the same can be suitably screened so as to eliminate or substantially mitigate any visual impact. [Rules and Regulations Solar Energy Devices Resolution, May 5, 2017]
