This article shall be known as the "Small Wind Energy System
Ordinance."
The purpose of this article is to:
A. Declare small wind energy systems an accessory use in all zoning
districts of the Township.
B. Facilitate the accessory of small wind.
C. Preserve and protect public health and safety without significantly
increasing the cost or decreasing the efficiency of a small wind energy
system.
In this article, the following terms shall have the meanings
indicated:
BOARD
The Township of Ocean Planning Board.
CONSTRUCTION OFFICIAL
The state-licensed Code Enforcement Official appointed by
the Township of Ocean who is responsible for administering the New
Jersey State Uniform Construction Code Act.
METEOROLOGICAL TOWER or MET TOWER
A structure designed to support the gathering of wind energy
resource data, and includes the tower, base plate, anchors, guy cables
and hardware, anemometers (wind speed indicators), wind direction
vanes, booms to hold equipment anemometers and vanes, data logger,
instrument wiring, and any telemetry devices that are used to monitor
or transmit wind speed and wind flow characteristics over a period
of time for either instantaneous wind information or to characterize
the wind resource at a given location.
OWNER
The individual or entity that intends to own and operate
the small wind energy system in accordance with this article. The
individual or entity shall also have a proprietary interest in the
land upon which the small wind energy system is proposed to be located.
ROTOR DIAMETER
The cross-sectional dimension of the circle swept by the
rotating blades of a wind-powered energy generator.
SMALL WIND ENERGY SYSTEM
A wind energy system, as defined in this section, that:
A.
Is used to generate electricity;
B.
Has a nameplate capacity of 100 kilowatts or less; and
C.
Is as high as necessary to capture the wind energy resource,
but not to exceed 135 feet.
TOTAL HEIGHT
In relation to a wind energy system, the vertical distance
measured from the average elevation of the finished grade to the tip
of a wind generator blade when the tip is at its highest point.
TOWER
A monopole, freestanding, or guyed structure that supports
a wind generator.
WIND ENERGY SYSTEM
A wind generator and all associated equipment, including
any base, blade, foundation, nacelle, rotor, tower, transformer, vane,
wire, inverter, batteries and/or other component necessary to fully
utilize the wind generator.
WIND GENERATOR
Equipment that converts energy from the wind into electricity.
This term includes the rotor, blades and associated mechanical and
electrical conversion components necessary to generate, store and/or
transfer energy.
Small wind energy systems shall be an accessory use in all zoning
districts subject to the following requirements:
A. Small wind energy systems.
(1)
Setbacks. A wind tower for a small wind energy system shall
be set back from all property lines a distance equal to 150% of the
height of the structure including the rotor blade tips. No portion
of the wind generator shall extend beyond the required setback line,
nor into the following:
(a)
Any public or private right-of-way, easement or leasehold, unless
written permission is granted by the government entity or private
party with jurisdiction over said area;
(b)
Any overhead utility lines, or aerial easement for same, unless
written permission is granted by the utility or entity that owns and/or
controls the lines.
(2)
Wind turbines shall not be permitted in any front yard.
(3)
Maximum height.
(a)
Freestanding wind turbines shall not exceed a height of 135
feet.
(b)
Rooftop wind turbines may not exceed a height of six feet.
(c)
The maximum height of any wind turbine shall include the height
of the blades at its highest point.
(4)
Wind turbines on residential properties shall have a nameplate
capacity of 10 kilowatts or less.
(5)
No more than one wind turbine shall be permitted per residential
property.
(6)
Wind turbines shall be designed with an automatic brake or other
similar device to prevent over-speeding and excessive pressure on
the tower structure.
(7)
Access.
(a)
All ground-mounted electrical and control equipment shall be
labeled and secured to prevent unauthorized access.
(b)
The tower shall be designed and installed so as not to provide
step bolts, a ladder, rungs or other publicly accessible means of
climbing the tower, for a minimum height of eight feet above the ground
elevation.
(8)
Electrical wires. All electrical wires associated with a small
wind energy system shall be located underground when practicable.
All wires not located underground, including but not limited to wires
necessary to connect the wind generator to the tower wiring, the tower
wiring to the disconnect junction box and the grounding wires, shall
be contained within an appropriate conduit suitable for same.
(9)
Lighting. A small wind energy system shall not be artificially
light unless such lighting is required by the Federal Aviation Administration.
(10)
Appearance, color, and finish. The wind generator and the tower
shall remain painted or finished in the color or finish that was originally
applied by the manufacturer, unless a different color of finish is
approved in the building permit.
(11)
Signage. There shall be no signs that are visible from any public
road posted on a small wind generator system or any associated building,
except for the manufacturers or installer's identification, appropriate
warning signs, or owner identification.
(12)
Code compliance. A small wind energy system shall comply with
all applicable construction and electrical codes, and the National
Electrical Code.
(13)
Utility notification and interconnection. Small wind energy
systems that connect to the electric utility shall comply with the
New Jersey's Net Metering and Interconnection Standards for Class
I Renewable Energy Systems as established by N.J.A.C. 14:4-9.
(14)
Met towers. A met tower shall be permitted under the same standards,
permit requirements, restoration requirements and permit procedures
as a small wind energy system.
(15)
Noise. The sound levels of the wind energy system shall not
exceed 55 dBA at a common property line. These levels may be exceeded
during short-term events such as utility outages and/or severe windstorms.
(16)
Trees and shrubs. All of the rules and regulations of Chapter
373, Trees, of the Ocean Township Code shall be met regarding the construction of wind energy systems.
No building permit shall be issued for a small wind energy system
without prior minor site plan approval from the Ocean Township Planning
Board.