[Added 9-19-2012 by Ord. No. 14-2012; amended 3-20-2013 by Ord. No.
5-2013]
A.
Purpose of article. In response to the diminishing supply and increasing
cost of conventional energy resources, the Township of Pemberton has
enacted an ordinance to protect the potential for the use of solar
energy. It is the purpose of this regulation to promote the safe,
effective, and efficient use of solar energy systems installed to
reduce carbon emissions and decrease demand on conventional energy
resources to protect the health, safety, and welfare of adjacent residential
homeowners and agricultural businesses from nuisances and inappropriate
land uses through proper zoning and land use controls.
B.
ACCESSORY SOLAR ENERGY SYSTEM
ARRAY
CARBON FOOTPRINT
CONVENTIONAL ENERGY RESOURCES
PRINCIPAL SOLAR ENERGY SYSTEM
SOLAR PANEL
Definitions. As used in this article, the following terms shall have
the meanings indicated:
An elevated panel, or a canopy or array thereof, that captures
and converts solar radiation to produce power, and includes photovoltaic
solar cells that will be utilized to benefit the primary land use
on the site. An accessory solar energy system cannot be used for the
generation of power for the sale of energy to other users, including
utility companies, adjacent landowners, and/or other locations not
related to the principal use on which the solar energy system is located.
An electrical device consisting of a large array of connected
solar cells.
Measurement of the impact activities have on the environment
and, in particular, on climate change. It relates to the amount of
greenhouse gases produced daily through burning fossil fuels for electricity,
heating and transportation. The carbon footprint is a measurement
of all greenhouse gases individually produced and has units of tonnes
(or kg) of carbon dioxide equivalent.
Any energy resource that consists of oil, gas, coal, nuclear
materials, and electric power.
A solar array on land as the primary use of that land which
consists of one or more cell(s), panel(s), or array(s) designed to
collect and convert solar power into another form of energy, such
as electricity or heat, that will be connected to the utility grid,
used for the generation of power for the sale of energy to other users
not on site, or provided under a power purchase agreement (PPA) on
a parcel adjacent to the principal/primary end user.
A panel or group of panels known as an "array" that captures
and converts solar radiation to produce electric power.
C.
General requirements for solar energy systems as a principal use.
(1)
A solar energy system shall be permitted in all nonresidential zones,
subject to specific criteria as set forth below:
(a)
The applicant shall submit a site plan in accordance § 190-45 of the Township Land Development Code.
(b)
In areas located within the New Jersey Pinelands, all solar
energy facilities shall comply with standards set forth in N.J.A.C.
7:50-5.36 et seq. Solar energy facilities shall also be subject to
the minimum environmental standards set forth in Subchapter 6 of the
Pinelands Comprehensive Management Plan.
(c)
The applicant shall submit a stormwater management plan that
demonstrates stormwater will infiltrate into the ground beneath the
solar energy system at a rate equal to that of the infiltration rate
prior to placement of the system.
(d)
No more than 50% of the entire area for development shall consist of Class I and Class II soils in an agriculture district or on properties that meet the definition of "farmland assessment" under N.J.A.C. 54:4-23.1 et seq. Class I and Class II shall be based on the classification system developed by the New Jersey State Agricultural Development Committee and the Natural Resources Conservation Service. However, this article does not grant permission for solar development restricted by the state legislation on farmland. Solar energy facilities within the following Pinelands Area zoning districts shall also be subject to the additional criteria set forth below at Subsection C(6), the AP, GCLI, GI, HD, P, SAP, and TV Districts.
(e)
All on-site utility and transmission lines shall, to the extent
feasible, be placed underground.
(f)
A clearly visible warning sign concerning voltage shall be placed
at the base of all pad-mounted transformers and substations or fence.
(g)
The applicant shall submit a plan for the removal of the principal solar energy system, including all solar panels, invertors, transmission lines, electrical wires, storage houses, utility buildings and other items related to the collection and generation of solar energy, when it becomes functionally obsolete or abandoned after 12 months. A solar energy system that is out of service for a continuous twelve-month period shall be deemed to have been abandoned. The Administrator may issue a notice of abandonment to the owner of a solar energy system that is deemed to have been abandoned. The notice shall be sent via regular mail and certified mail, return receipt requested, to the owner of record as it appears on the building permit and, if different, the current tax duplicate of the Township. The owner shall have the right to respond to the notice of abandonment within 30 days from notice receipt date. Should the owner provide information that satisfactorily demonstrates to the Administrator that the solar energy system has not been abandoned, the Administrator shall withdraw the notice of abandonment and notify the owner. Should the Administrator determine that the solar energy system has been abandoned, the owner shall remove the solar energy system from the property to a place of safe and legal disposal at the owner's sole expense within six months after the owner receives the notice of abandonment. If the owner fails to remove the solar energy system within the six-month period, the Administrator may pursue any legal remedies available to have the solar energy system removed at the owner's expense, including costs of litigation and reasonable attorneys' fees. The former solar energy site shall be restored to its natural or prior condition within six months of the removal from the property. Within the Pinelands Area, the restoration of parcels with abandoned or functionally obsolete principal solar energy facilities shall also be subject to the additional criteria set forth below at Subsection C(6)(c).
(h)
The owner of the solar energy system shall provide written authorization
from the local utility company to the Township acknowledging and approving
such connection.
(i)
At a minimum, a twenty-five-foot-wide access road must be provided from a state, county or Township roadway into the site, except within the Pinelands Area, where the provisions set forth below at Subsection C(6)(b) shall apply.
(j)
At a minimum, an eighteen-foot-wide cartway shall be provided
between solar panel racking systems to allow for maintenance vehicles
and emergency management vehicles, including fire trucks and EMS vehicles.
Cartway width is the distance between the bottom edges of a solar
panel to the top edge of the solar panel directly across from it.
(2)
Setback requirements. The purposes of setback standards are to preserve
the rural viewsheds along county and state roads in accordance with
the Township, County, and State Master Plans, to protect existing
residential developments from abutting large-scale utility operations,
and to mitigate adverse noise impacts generated from larger solar
energy systems that would not occur if a solar energy facility was
not developed.
(a)
All setback requirements for all solar systems shall conform
to the principal use setbacks of the zoning district.
(3)
Height. Ground-mounted panels shall not exceed six feet in height.
Height shall be measured from the mean finished grade to the top of
the solar panel.
(4)
Fence. All mechanical equipment for the solar energy system, including
any solar panels, invertors, buildings, structure for batteries or
storage cells, shall be completely enclosed by a minimum six-foot-high
fence with a self-locking gate. Fences are not permitted in the front,
side or rear yard setbacks. Fences shall be nonclimbable, preferably
vinyl or wood. Chain-link fence is not permitted.
(5)
General buffer and screen composition.
(a)
Purpose and applicability.
[1]
Buffers and screens shall be included with all submitted site
plans and subdivision applications.
[2]
The primary purposes of screening buffers is to preserve the
rural viewsheds along county and state roads in accordance with the
Township, County, and State Master Plans and to reduce noise generated
from larger solar energy systems in order to protect the rural character
of Pemberton and the adjacent residential homes.
(b)
A fifty-foot screening buffer is required from all state, county,
and Township roads, residential uses or residential zoning districts.
(c)
Screening buffer widths shall be measured parallel from the
property line or right-of-way line, whichever will provide the greatest
distance from the roadway pavement.
(d)
All mechanical equipment shall be screened from any adjacent
residential property line or residential use. The screen shall consist
of shrubbery, trees, or noninvasive plant species which provide an
opaque screen. Native Pinelands species shall be utilized in Pinelands
areas. Plant screens shall be reviewed and approved by the Township
Planner.
(e)
Buffers and screens may be comprised of existing vegetation
and natural features; proposed new or transplanted vegetation; and/or
existing or proposed fences, walls and/or berms. When berms are included
in a buffer, a curvilinear or naturalistic arrangement is encouraged.
(f)
No structure, activity, storage of materials or parking of vehicles
shall be permitted within a buffer area.
(g)
Buffering screens shall be designed, planted, graded, landscaped
and developed with the general guideline that buffer must obscure
the visual of the solar energy system and mitigate noises generated
on the site. The shade trees may be clustered to avoid shading of
the panels.
(h)
Screening buffers shall contain the following quantity of plant
material per 50 linear feet: two shade trees, plus two evergreen trees,
plus 20 shrubs.
(i)
Screening buffer plantings shall achieve 80% opacity after five
years' growth.
(j)
A tree protection management plan must be submitted at the time of site plan application, pursuant to § 190-74, if there are one or more live trees proposed to be cut or removed from the property.
(k)
Maximum clearing limit on the site is 80% in non-Pinelands areas. Within the GI, HD, and TV Districts, and within those portions of the GCLI District within the Regional Growth Area, the maximum clearing limit on the site is also 80%. Within the P and SAP Districts, the standards set forth below at Subsection C(6)(f)[1] shall apply. Within the AP District and those portions of the GCLI District within the Agricultural Production Area, the standards set forth below at Subsection C(6)(f)[2] shall apply.
(6)
Additional Pinelands Area requirements for solar energy systems as
a principal use.
(a)
All solar energy facilities shall comply with the minimum environmental
standards set forth in Subchapter 6 of the Pinelands Comprehensive
Management Plan.
(b)
Except in association with a solar energy facility permitted pursuant to Subsection C(6)(c) below, solar energy facilities shall be a permitted principal use within the following Pinelands Area zoning districts, provided that public service infrastructure necessary to support the solar energy facility is available or can be provided without any off-site development in the Preservation Area District, Special Agricultural Production Area, or a Forest Area: AP, GCLI, GI, HD, P, SAP, and TV Districts.
(c)
In addition to the other specific criteria set forth elsewhere
above, all solar energy facilities, including all proposed off-site
infrastructure, shall be located and screened in such a way as to
minimize visual impacts as viewed from:
(d)
Should the development of new or expansion of existing on-site
or off-site infrastructure be necessary to accommodate a solar energy
facility, clearing shall be limited to that which is necessary to
accommodate the use in accordance with N.J.A.C. 7:50-6.23. New rights-of-way
shall be limited to a maximum width of 20 feet, unless additional
width is necessary to address specific safety or reliability concerns.
(e)
In addition to the requirements set forth above at Subsection C(1)(g), no solar energy facility within the Pinelands Area shall be considered to have been decommissioned unless:
[1]
All energy facilities, structures and equipment, including any
subsurface wires and footings, have been removed from the parcel;
[2]
The parcel has been restored in accordance with N.J.A.C. 7:50-6.24,
unless restoration is unnecessary because the parcel is to be put
into active agricultural use or approved for development in accordance
with the Code of the Township of Pemberton within 12 months of the
solar energy facility's functional obsolescence or abandonment; and
[3]
All other measures necessary to address the ecological and visual
impacts associated with the solar energy facility, including the removal
of off-site infrastructure and restoration of affected lands, have
been taken.
(f)
The facility shall comply with the applicable limitations in Subsection C(6)(f)[1] and [2] below.
[1]
Special limitations on solar energy facilities as a principal
use in the P District and the SAP District are as follows:
[a]
Solar energy facilities shall only be permitted:
[i]
On the parcel of an existing landfill which has
been closed in accordance with this plan or is the subject of an application
to the Commission in accordance with N.J.A.C. 7:50-6.75, provided
the facility is located on those portions of the parcel which meet
the standards of Subsection C(6)(f)[1][b] below;
[ii]
On a parcel which has been remediated or is the
subject of an application to the Pinelands Commission for remediation
in accordance with N.J.A.C. 7:50-1 et seq., due to contamination with
wastes or hazardous or toxic substances, provided the facility is
located on those portions of the parcel which meet the standards of
Subsection C(6)(f)[1][b] below; or
[iii]
On the parcel of a resource extraction operation,
provided the facility is limited to those portions of the parcel comprised
of previously mined areas that are not under an obligation to be restored
pursuant to N.J.A.C. 7:50-6, Part VI.
[b]
The development of solar energy facilities shall
be limited to those portions of a parcel meeting the criteria of Subsection
C(6)(f)[1][a] above which are comprised of previously disturbed lands
that have not been subsequently restored. Solar energy facilities
may be located on other portions of the parcel that are required to
be disturbed for purposes of landfill closure or site remediation.
The need to use such other lands shall be demonstrated in a comprehensive
application for landfill closure or site remediation approved by the
Pinelands Commission.
[c]
Unless the solar energy facility is proposed as
part of a comprehensive application for landfill closure or site remediation
that has been approved by the Pinelands Commission, the acquisition
and redemption of 0.25 Pinelands development credits shall be required
for every four acres of land occupied by the solar energy facility.
[2]
Special limitations on solar energy facilities as a principal
use in the AP District and in those portions of the GCLI District
within the Agricultural Production Area are as follows:
[a]
Solar energy facilities may occupy up to 20% of
any parcel but in no case shall exceed 10 acres. Those parcels for
which farmland assessment is sought pursuant to N.J.S.A. 54:4.23.1
et seq. shall also comply with the provisions of N.J.A.C. 18:15 related
to farmland assessment eligibility, including occupied area restrictions
that may be more limiting.
[b]
Solar energy facilities shall be located on a parcel
in such a manner as to avoid, to the maximum extent feasible:
[i]
Soils classified as prime farmland by the United
States Department of Agriculture, Natural Resources Conservation Service;
and
[ii]
Lands which have the highest ecological values
in the Pinelands Area, as evidenced by large, contiguous areas of
forest, undisturbed drainage units, undisturbed wetlands or prime
habitat for characteristic and rare Pinelands plant and animal populations;
and
D.
General requirements for accessory solar energy systems. An accessory
solar energy system shall be permitted in all zoning districts as
an accessory use to a principal use. An accessory solar energy system
shall provide power only for the principal land use and/or accessory
use on the property on which the solar energy system is located and
is subject to specific criteria as set forth below:
(1)
Solar energy systems:
(a)
Roof-mounted systems:
[1]
Solar energy systems shall be permitted as a rooftop installation.
Solar panels mounted to the roof of garages and accessory structures
shall also be permitted. Roof-mounted systems which satisfy the provisions
set forth herein shall require construction and use permits but may
not require site plan approval. If, in the opinion of the Zoning Officer,
the installation of the solar energy system does not satisfy the provisions
of this section, he/she shall direct the applicant to file a site
plan or variance application with the reviewing board having jurisdiction.
Said application for development or appeal shall comply with the appropriate
notice and hearing provisions otherwise required for the application
or appeal pursuant to the Municipal Land Use Law, P.L. 175, c. 291
(N.J.S.A. 40:55D-1 et seq.).
[2]
Roof-mounted solar energy systems are discouraged from being
erected on the front roof of a structure which faces a street. Solar
energy systems shall be located on a rear- or side-facing roof, as
viewed from any adjacent street, unless such installation is proven
to be ineffective or impossible. The removal of potential obstructions,
such as interceding vegetation, shall not be sufficient cause for
permitting a front-facing installation. Front-facing installation
may be permitted in accordance with the following provisions:
[a]
The applicant must indicate valid reasons as to
why this is the only effective or possible means for utilizing solar
energy on the property. Such information shall be certified by a professional
deemed qualified by the Board and reviewed by the Township Engineer
and any other professional that the Township deems necessary.
[b]
Solar panels must be flush-mounted to the roof.
[3]
Structurally attached solar energy systems installed on a building
with a flat roof shall not project vertically more than five feet
above the roof.
[4]
Residential. A roof-mounted system on a residential principal
or accessory building shall not be more than one foot higher than
the finished roof to which it is mounted. If an accessory building
height is not specified, the maximum height shall be 30 feet.
[5]
Nonresidential. A roof-mounted system on a nonresidential building,
whether mounted on the principal building or accessory building(s),
shall not be more than one foot higher than the finished roof to which
it is mounted and in no case may not exceed the maximum principal
building height or accessory building height specified for each building
type in the underlying zone. If an accessory building height is not
specified, the maximum height shall be 35 feet.
(b)
Ground-mounted systems:
[1]
A ground-mounted system is not permitted in any residential
zone.
[2]
Ground-mounted systems in nonresidential areas:
[a]
Ground-mounted systems shall not be located in
the front yard.
[b]
Ground-mounted systems shall comply with the principal
use setback of the zone.
[c]
Ground-mounted panels shall not exceed six feet
in height. The height is measured from the mean finished elevation
to the top of the solar panel.
[d]
No more than 1,500 square feet of vegetation may be cleared for a ground-mounted system as an accessory system without compensatory planting as stated in § 190-74.
[e]
A ground-mounted system located within the New
Jersey Pinelands shall be required to file a certificate of compliance
application with the Pinelands Commission if not on an existing impervious
surface as required by the Pinelands CMP.
(c)
Within the Pinelands Area, the installation of an accessory
roof-mounted or ground-mounted solar energy system shall not require
the submission of an application to the Pinelands Commission or the
issuance of a certificate of filing, provided the system is located
on an existing structure or impervious surface.
E.
Development standards for all principal solar energy systems and
accessory structures.
(1)
Solar panels shall be placed such that concentrated solar radiation
or glare shall not be directed onto nearby properties, businesses,
residential homes, or roadways. The applicant shall submit certifications
from an engineer or manufacturer that the design will not cause a
reflection or noise nuisance to adjacent property owners or flow of
traffic on nearby roadways.
(2)
The design of the solar energy system shall conform to all applicable
industry standings, including the New Jersey Uniform Construction
Code, New Jersey Department of Community Affairs, National Electric
Code, and Pemberton Township Building Codes and Zoning Regulations.
The applicant shall submit certificates of design compliance obtained
by the equipment manufacturer from a certified organization, and any
such design shall be certified by an engineer registered in the State
of New Jersey. The manufacturer's specifications shall be submitted
as part of the application.
(3)
If the ground-mounted solar energy system is removed, any earth disturbance
as a result of the removal of the ground-mounted solar energy system
shall be graded and reseeded.
(4)
Ground-mounted panels shall not be placed in any road easements,
deed restrictions, conservation easements, wetlands, wetland buffers,
landscape buffers, property buffers, floodplains, floodplain buffers
or any other buffer zones without written approval from the applicable
agency.
(5)
All electrical and power lines from a ground-mounted solar energy
system to any building or other structure shall be located underground.
(6)
Mechanical equipment shall not be located in the front yard, side
yard, or rear yard setbacks.
(7)
No portion of the solar panel, including the racking system, poles,
or ballast, shall contain or be used to display advertising. The manufacturer
and equipment information, warning, or indication of ownership shall
be allowed on any equipment of the solar energy system, provided it
complies with the prevailing sign regulations.
(8)
A solar energy system shall not be constructed until a building and/or
construction permit has been approved and issued.
(9)
Before any construction can commence on any solar energy system,
the property owner must acknowledge that he/she is the responsible
party or tenant for owning and maintaining the solar energy system.
The applicant shall clearly delineate who is the owner of the solar
system.
(10)
The solar energy system shall comply with all other Township
ordinances and codes, as heretofore enacted and amended, which shall
remain in force and effect.
(11)
For all solar systems, a safety notice at the electrical power
switch gear shall indicate a solar array is part of this electrical
system, with instruction for shut-off of the solar power to the system.
Further, each solar array, upon interconnection, must notify the Township
Fire Department of the address and size of the solar system installed.
