[Added 8-7-2013 by Ord. No. 2013-14]
A.
The purpose of this article is to permit renewable energy facilities
in appropriate locations in the Township in a way that is consistent
with the Florence Township Master Plan and state legislation to facilitate
development of alternative forms of energy production, and to minimize
potential land use conflicts and potential negative impacts associated
with such facilities on surrounding properties. This article is intended
to accomplish the foregoing while also:
(1)
Retaining prime agricultural soils for agricultural use by avoiding
siting such facilities on lands within the Agricultural District (AGR)
and lands with significant areas of prime farmland soils and soils
of statewide importance.
(2)
Preserving the industry of agriculture and agricultural use of the
Township's rural environs by avoiding siting such facilities on lands
which have the realistic potential to become permanently preserved
farmland in accord with state legislative policies and state and county
planning initiatives.
(3)
Preserving areas with an established rural and/or historic character
by avoiding siting such facilities on land within areas of rural and/or
historic character, particularly on land which is exposed to public
view and where, by reason of topography or other natural features,
the facility cannot be effectively screened from view.
(4)
Protecting the quality of life in residential districts by siting
ground-mounted facilities in locations that minimize the visibility
of such facilities from adjacent residential areas.
(5)
Providing standards for buffering and screening of renewable energy
facilities to protect surrounding properties from glare and to mitigate
the negative visual impact of ground-mounted facilities.
(6)
Providing for proper decommissioning of the renewable energy facility
after its useful life.
(7)
Preventing heat islands or unnatural heat absorption, causing ecological
damage and habitat loss.
(8)
Preserving and protecting existing forested areas which provide multiple
direct environmental benefits, such as carbon sequestration, wildlife
habitat and local cooling.
A.
MAJOR GROUND-MOUNTED SOLAR OR PHOTOVOLTAIC ENERGY FACILITY OR
STRUCTURE
(1)
(2)
(3)
(4)
MINOR GROUND-MOUNTED SOLAR OR PHOTOVOLTAIC ENERGY FACILITY OR
STRUCTURE
RENEWABLE ENERGY FACILITY
ROOF-MOUNTED SOLAR OR PHOTOVOLTAIC ENERGY-GENERATING FACILITY
SOLAR ENERGY SYSTEM
SOLAR OR PHOTOVOLTAIC ENERGY FACILITY OR STRUCTURE
SOLAR OR PHOTOVOLTAIC PARKING STRUCTURE
SOLAR PANEL AREA
SOLAR PANELS
Definitions. As used in this article, the following definitions shall
apply:
An energy-generating facility that shall be deemed to be
a principal use when any of the following conditions are met:
When the ground-mounted facility exceeds a ratio of 1:5 of the
land area on which the facility is constructed to the area used for
another purpose (including farming).
When the ground-mounted facility comprises an area of 10 acres
or greater.
When the ground-mounted facility is the only use or structure
on a lot.
When all of the energy produced by the facility is not used
at the site of the facility or on an adjoining contiguous property
in common ownership. For purposes of this article, net metering for
purposes of smoothing out differences in day-to-day production and
demand on the site of the facility or on an adjoining contiguous property
in common ownership does not constitute off-site use of energy, and
facilities constructed with up to 110% of the projected demand of
the site of the facility or an adjoining contiguous property in common
ownership or combination thereof does not constitute off-site use.
An energy facility which does not meet one or more of the
conditions to be defined as a "major solar or photovoltaic energy
facility or structure."
A facility that engages in the production of electric or
heat energy from solar technologies, photovoltaic technologies, or
wind energy.
A solar or photovoltaic facility mounted to the roof of a
building, carport or other structure which provides protection from
weather or provides habitable or storage space. This shall not include
facilities mounted above surface parking lots.
A system that utilizes solar panels, as defined herein, to
convert solar energy to electricity or heat in order to satisfy all
or a portion of the energy requirements associated with a dwelling
or nonresidential structure and/or to generate electricity for use
in the regional high-voltage electrical grid. The conversion may be
accomplished by solar radiation absorbed by a medium (such as solar
panels, as defined herein) and distributed to a point of use. The
"system" shall include the solar panels and all associated equipment,
including any base, foundation, structural support, wiring, piping,
batteries or other components necessary to fully utilize the system.
An auxiliary energy system may be employed to supplement the output
provided by the solar energy system and to provide for the total energy
demand should the solar energy system become inoperable.
A facility or structure for the purpose of supplying energy
produced from solar or photovoltaic technologies, whether such facility
or structure is a principal use, a part of the principal use, or an
accessory use or structure.
A solar or photovoltaic facility mounted on a surface parking
lot such that vehicles may park and/or drive beneath.
The area contained within an elevated panel or plate, or
a canopy or array thereof, that captures and converts solar radiation
to produce power, and includes flat plate, focusing solar collectors,
or photovoltaic solar cells and excludes the base or foundation of
the panel, plate, canopy, or array.
A structure containing one or more receptive cells, the purpose
of which is to convert solar energy into usable electrical or heat
energy by way of a solar system. This term includes all components
necessary to generate, store, transport and/or transfer energy.
Unless otherwise specified, the following general requirements
apply to all solar and photovoltaic facilities regardless of whether
they are principal or accessory uses:
A.
Solar or photovoltaic energy systems are permitted as a principal
use in the SM Special Manufacturing and GM General Manufacturing Districts
in accordance with N.J.S.A. 40:55D-66.11.
B.
In the AGR Agricultural District, solar or photovoltaic systems are permitted only as accessory residential or agricultural uses. On commercial farms (as defined under N.J.S.A. 4:1C-1 et seq.), such facilities shall be permitted in accord with the standards set forth in N.J.A.C. 2:76-2A.12, which is the State Agricultural Development Committee's ("SADC") Agricultural Management Practice ("AMP") for the Construction, Installation, Operation or Maintenance of Solar Energy Generation Facilities, Structures and Equipment on Commercial Farms. Such systems shall be subject to site plan review. The governing body has expressly considered allowing major ground-mounted solar or photovoltaic energy facilities as a principal use in the AGR Agricultural District but has determined that such facilities are inconsistent with the Township's duly adopted Master Plan, sound environmental policies, and the policies articulated by the New Jersey Legislature in recent regulatory amendments enacted by way of P.L. 2012, Chapter 24, which seek to protect farmland from such development. The governing body's decision has been taken in full awareness of the New Jersey Legislature's earlier policy statement, set forth in P.L. 2009, Chapter 146, which made wind, solar or photovoltaic structures and uses inherently beneficial uses under the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.). It is the governing body's considered determination, in light of the Township's policies and the overall policies of this state, that conversion of land located in Rural Planning Area 4 that has been actively devoted to agricultural or horticultural use, and that is valued, assessed and taxed pursuant to the Farmland Assessment Act, to major solar facility use would be a substantial detriment to the public good and substantially impair the Township's Zone Plan. The detriment and impairment, respectively, would be significantly exacerbated if the subject lands were considered desirable for preservation under the County and/or State Farmland Preservation Programs' planning documents.
C.
Solar energy-generating systems are permitted as an accessory use
on the same lot as the principal use, whether roof-mounted or ground-mounted,
in all residential and business zone districts (specifically, R, RA,
RB, RC, RD, RD-1, AGR, HC, NC, OP, GM, SM, P, S, and RAA). The purpose
of these accessory systems is to generate energy to satisfy all or
a portion of the energy requirements associated with the on-site dwelling(s)
or business(es), rather than for sale back into the electrical grid
system. This provision shall not be interpreted to prohibit the net
metering of excess power generated from time to time from a solar
energy system that is designed to meet up to 110% the energy needs
of the principal use on the same property. Major ground-mounted facilities
shall not be accessory uses.
D.
Any solar or photovoltaic energy-generating facility mounted to a
structure above a surface parking area or a roof shall be deemed an
accessory use.
E.
Solar or photovoltaic energy facilities are permitted on the roofs
of buildings.
F.
The installation of solar or photovoltaic energy systems by any governmental
agency on land owned or leased by said agency shall be permitted as
either a conditional accessory use or conditional principal use in
any zone district. The conditions for the use shall be in compliance
with the buffer, screening and setback requirements otherwise applicable
to such facilities under Township ordinances.
G.
Solar or photovoltaic energy systems installed on, within or above
a stormwater management facility, parking lot, sign structure or any
other type of freestanding structure not specifically considered a
roof by the Construction Official shall be considered a ground-mounted
system.
H.
Solar or photovoltaic energy systems shall not be used for displaying
any advertising. Reasonable identification of the manufacturer and/or
operator of the system is permitted using text that does not exceed
a height of two inches. Hazard and/or warning signs pertinent to the
electrical nature of the equipment shall also be permitted.
I.
Installation of a solar or photovoltaic energy system on a nonconforming
structure, or on a site containing a nonconforming structure or use,
shall be considered an expansion of the nonconforming structure or
use.
J.
No structure or other portion of any major ground-mounted facility
or structure shall occupy any area designated and regulated by the
New Jersey Department of Environmental Protection ("NJDEP") as a floodplain,
flood hazard area, wetland, wetland transition area or riparian corridor
unless approved in that location by the NJDEP.
K.
Notwithstanding the provisions set forth herein, the installation
of any solar energy system shall require a zoning permit and all applicable
regulatory and construction permits, and its design shall conform
to all applicable prevailing codes, standards and ordinances, including,
but not limited to, the State Uniform Construction Code (UCC), National
Electrical Code (NEC) and Federal Aviation Administration (FAA) requirements.
A.
Roof-mounted systems.
(1)
Roof-mounted systems which satisfy the provisions set forth herein
shall require construction and zoning 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 article, the applicant shall be directed 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. 1975, c. 291
(N.J.S.A. 40:55D-1 et seq.). When any type of renewable energy facility
is proposed to be installed on an existing roof (roof-mounted), the
applicant shall provide to the Construction Code Official engineered
drawings, detailed calculations and/or a structural analysis prepared
by a New Jersey licensed professional engineer or architect verifying
the structural integrity of the roof system.
(2)
Residential properties in all zone districts and commercial properties
in the NC Neighborhood Commercial Zone District.
(a)
The panels and all accessory equipment on principal or accessory
buildings shall extend no more than 12 inches above the highest point
of the roof surface or structure and may not project beyond the vertical
plane of the roof edge. This requirement includes installations on
flat roofs.
(b)
On all pitched roofs which face public rights-of-way, solar
panels shall be co-planar with the roof surface and shall be mounted
no more than 12 inches above the roof surface.
(c)
All frames and support structural elements shall be colored
black.
(d)
Solar energy facilities or structures may be attached to any
accessory building that satisfies zoning location, setback and height
requirements for the zone. However, in no event shall solar energy
facilities or structures be attached to more than two accessory buildings
on a single lot. Solar energy facilities or structures shall not be
exempt from applicable height or setback requirements.
(e)
Solar energy facilities or structures may not be attached or
mounted to fences, walls, or the like.
(f)
Solar energy facilities or structures are prohibited on fee-simple
townhouse lots in developments lacking a homeowners' association with
a design-approval function.
(g)
Solar energy facilities or structures are permitted accessory
uses and structures in condominium complexes, apartment complexes
and on fee-simple townhouse lots in developments with a homeowners'
association with a design-approval function, in accord with all accessory
use requirements and standards governing residential uses above. Such
solar energy facilities or structures are permitted subject to written
preapproval of the homeowners' association, condominium association
or apartment association.
(3)
Nonresidential properties in all commercial and industrial zone districts
except the Neighborhood Commercial Zone District.
(a)
Roof-mounted solar energy facilities or structures on principal
or accessory buildings shall be mounted parallel to the roof angle
and shall not exceed a height of three feet above the roofline to
which they are mounted. However, a reviewing board may permit the
system to be mounted at a greater height if the applicant can demonstrate
that no part of the system will be visible from any roadway on which
the building has frontage. In no instance shall any part of the system
extend beyond the vertical plane of the edge of the roof or exceed
the applicable height requirement of the zone in which it is located,
whether located on a principal or accessory structure.
(b)
Roof-mounted systems shall not be permitted to be installed
on temporary buildings.
B.
Ground-mounted systems.
(1)
Residential. A ground-mounted system installed on a single or two-family
residential lot which satisfies the provisions set forth herein shall
require construction and zoning permits but shall 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
article, the applicant shall be directed to file a variance application
with the Zoning Board of Adjustment. 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. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.).
(2)
Nonresidential. A ground-mounted system installed on a nonresidential
or multifamily residential lot shall require a site plan 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. 1975, c. 291 (N.J.S.A.
40:55D-1 et seq.).
(3)
Lot coverage. The total solar panel area, along with the impervious
surface area of any appurtenant facilities, shall be used for the
purpose of calculating lot coverage, and the installation shall not
result in a lot coverage percentage which exceeds the maximum percentage
permitted by code for the zone district in which the facility is located.
A.
All major solar or photovoltaic energy facility or structure installations
shall comply with the following area, yard and height requirements:
B.
No structure or other portion of the facility, except for fencing,
access roads and non-energy-generating equipment, shall be situated
less than 300 feet from any residence or less than 150 feet from any
accessory structure, whether located on the same or adjacent property.
C.
Major solar or photovoltaic energy facility applications shall submit a landscape plan conforming to the following requirements. A landscape buffer shall be installed around the facility to shield the facility and all related accessory structures and parking areas from public view and the view of any adjoining uses on a lot having a common lot line on which such facility or structure will be located. The vegetative buffer shall be not less than 50 feet in width and may not be located in the setback required pursuant to § 91-321A(2). The required buffer shall consist of at least three rows of trees, which may include existing vegetation, new plantings, or a combination thereof, providing year-round screening. The required buffer shall include native evergreens in the rear interior rows with a mix of deciduous and evergreen trees planted in the front exterior row. Deciduous trees shall be at least 3.5 inches' caliper and 14 feet in height at the time of planting. Evergreen trees shall have a minimum height at planting of six feet. Trees shall be planted 10 feet on center in staggered rows. Shrubs shall supplement the landscape buffer areas in order to conceal ground-level visual penetration year round. Existing hedgerows or vegetated windbreaks that provide screening of the subject site from neighboring properties shall be retained and augmented as necessary. Substations and other associated transmission structures shall be screened with a double row of evergreen plantings with a minimum height of eight feet at planting. Clearing of upland hardwood forest shall be prohibited except to the extent required for site access from a public road. Buffers and screening that have been planted or natural buffers that have been utilized to form an effective screen must be retained in perpetuity. Any areas in which the effect of the buffer has been reduced, for any cause or reason, must be replanted and returned to an effective buffer as described in this section.
A.
All minor ground-mounted solar or photovoltaic energy installations
shall be considered accessory uses and shall comply with the following
standards:
(1)
The purpose of a minor solar or photovoltaic energy facility or structure
shall be to provide power for the principal use on the property. The
facility shall be sized to accommodate no more than 110% of the average
annual electric use for the property, or in the case of new construction,
110% of the projected annual electrical use of the property.
(2)
The maximum height of any structure, including panels and inverters,
shall be 15 feet.
(3)
Minor ground-mounted solar or photovoltaic energy facilities or structures
shall only be located in the rear yard.
(4)
All nonresidential minor ground-mounted solar or photovoltaic energy
facilities or structures shall be screened from view on all sides
by a twenty-foot-wide planted buffer which completely screens the
view of the facility and any associated glare from adjacent streets
(measured from a height of four feet at the center line of the street)
and adjacent property lines (measured from a height of five feet at
the property line). The buffer shall also consist of a mix of deciduous
and evergreen trees and shrubs.
(5)
All other bulk standards shall be as otherwise required for accessory
structures in the applicable zone district of the subject property.
B.
Facilities mounted above parking lots shall be considered accessory
uses and shall meet the following requirements:
(1)
Facilities mounted above parking lots shall be designed to provide
adequate space for access by emergency vehicles whenever necessary.
(2)
The maximum permitted height shall be 20 feet.
(3)
Facilities shall only be located within the rear yard.
(4)
The minimum side and rear yard setback for any such facility shall
be 50 feet if adjacent to a nonresidential use or district and 100
feet if adjacent to a residential use or district.
(5)
The facility shall be screened from view on all sides by a twenty-foot-wide
planted buffer which completely screens the view of the facility and
any associated glare from adjacent streets (measured from a height
of four feet at the center line of the street) and adjacent property
lines (measured from a height of five feet at the property line).
The buffer shall also consist of a mix of deciduous and evergreen
trees and shrubs.
(6)
Existing vegetation shall be retained and utilized to the extent
practical.
(7)
The facility shall be designed in such a manner that neither water
nor snow accumulates and has concentrated flow off the structure.
A.
All structures or other portions of the facility shall be adequately
screened from public view and historic sites. Ground-mounted facilities
shall be located to minimize views of the facilities from public roadways
and from existing residences not located on site and from neighboring
undeveloped residentially zoned property by utilizing existing visual
barriers, including, but not limited to, buildings, trees, hedgerows
and natural topography, to the maximum extent possible, in addition
to visual screening described elsewhere in this section.
B.
Ground-mounted solar facilities and structures shall be limited to
existing cleared areas as shown on 2012 NJDEP aerial photographs.
C.
All on-site utility lines associated with the renewable energy system
shall be underground.
D.
The preservation of agricultural activities and agriculturally viable
soils is key to the long-term survival of farming as an industry in
the Township; therefore, construction of solar facilities is subject
further to the requirements set forth below:
(1)
No prime soils or soils of statewide importance as identified by
the USDA Natural Resources Conservation Service shall be removed from
any site upon which major solar or photovoltaic energy facilities
and structures are constructed.
(2)
Within areas of prime soils or soils of statewide importance, no
concrete footings shall be constructed or used for solar or photovoltaic
panel racking systems or other structures used to support panels;
however, concrete pads for inverters and similar equipment, and concrete
footings for security fence, may be constructed within areas containing
these soils.
(3)
Grading within areas of prime soils or soils of statewide importance
shall be limited to that necessary to construct access roads, inverter
and switching equipment and pads, parking areas and construction trailers
and associated facilities.
(4)
No major solar or photovoltaic energy facility shall occupy more
than 50% of the gross tract area of any parcel or contiguous parcels
in common ownership now subject to farmland assessment after environmentally
sensitive areas such as wetlands, wetland transition areas, flood
hazard areas and riparian corridors have been subtracted from the
gross tract area. The remaining 50% of gross tract area, minus environmentally
sensitive areas described above, shall continue in agricultural use
so long as the solar facility remains on the subject property. These
lands shall be known and designated as "agricultural use lands."
(5)
Farm structures and not more than one residential dwelling supporting
continuing farm operations on the restricted lands portion of the
site shall be permitted; provided, however, that areas occupied by
farm buildings, the residential dwelling, and appurtenant residential
areas shall not be counted toward the overall 50% gross tract area
of agricultural use lands.
(6)
Agricultural use lands guidelines. The following guidelines shall
be utilized in determining the configuration and location of the lands
remaining in agricultural use:
(a)
Agricultural use lands shall be contiguous, allowing for the
most valuable agricultural lands to be utilized in an efficient manner.
(b)
Agricultural use lands shall be configured to facilitate agricultural
use. Factors such as, but not limited to, proximity of the restricted
lands to adjacent tracts containing farming operations, the ability
to create large contiguous tracts of agricultural use lands or farmland,
and the desirability of maximizing separation between the solar or
photovoltaic energy facility and existing off-site residential units
should be considered.
(c)
In order to maintain the rural character and scenic viewsheds
of the Township, as perceived from the public rights-of-way, agricultural
use lands should be located in such manner as to preserve scenic vistas
and preserve the rural character of farmsteads, barns and homesteads
after development.
(d)
Where tracts include existing farm operations, agricultural
use lands should be configured to preserve such uses, to the greatest
extent possible, in order to facilitate the continuation of farming.
(e)
Proposed roads should be located within the portion of the property
utilized for the major solar or photovoltaic energy facility. It is
the intent of this subsection to keep the agricultural use lands portion
of the tract continuous and free of roadway intrusions; however, adequate
access must be provided to the agricultural use lands area.
(f)
Agricultural use lands created as a result of these regulations
may be used for recreation, agriculture, or natural resource conservation.
No buildings or structures shall be constructed or maintained on the
agricultural use lands except such structures that are part of the
agricultural or natural resource conservation land use.
E.
Soil erosion control, soil stabilization. All ground areas occupied
by the solar or photovoltaic energy facility or structure installation
that are not utilized for access to operate and maintain the installation
shall be planted and maintained with crops or pasture for farm animals
or native or noninvasive shade-tolerant vegetation for the purpose
of soil stabilization. Plants such as clovers, vetches and other low-growing
blooming plants supportive of pollinators shall be included in any
ground cover seeding mix. The vegetative cover must be established
prior to the setting or construction of a solar array. Stone ground
cover is prohibited. Ground cover shall be maintained primarily by
using mechanical means; however, herbicides may be used on a spot
basis for targeted weeds. Broadcast application of herbicides for
routine maintenance of ground cover is prohibited.
F.
Sound levels from the energy system shall not exceed 40 dBA when
measured from any site property line.
G.
Where the prior use of a facility site consists of agriculture, the
facility shall be installed such that it can be returned to active
agricultural production after the useful life and removal of the facility.
As such, site disturbance, including, but not limited to, grading,
cut and fill, soil removal, excavation and soil compaction, shall
be minimized.
H.
The use of concrete, asphalt or other impervious surface, including
gravel, is prohibited on the site of such facilities, except in the
following locations:
(1)
The mounting of inverters, transformers, power conditioning units,
control boxes, pumps and other such facility components.
(2)
The mounting of solar photovoltaic panels, films and arrays when
used as ballast.
(3)
Driveway aprons.
(4)
Portions of roads and driveways where necessary to provide stability
for vehicles.
I.
The extent of roads and driveways shall be minimized to the extent
possible and shall be constructed so as to minimize soil compaction.
J.
All electrical and control equipment shall be labeled and secured
to prevent unauthorized access.
K.
The only signs permitted on a solar or photovoltaic facility or any
associated building or structure are those depicting the manufacturer's
or installer's identification, appropriate warning signs, or owner
identification.
L.
The system shall be constructed in such a manner that exposed hardware,
supporting structures, frames and piping are finished with nonreflective
surfaces.
A.
Permit. A zoning permit and construction permit shall be required
for the installation of a renewable energy system.
B.
Except for roof-mounted solar applications, an application for a
nonresidential facility shall be accompanied by a site plan which
includes the following:
(1)
Property lines and physical dimensions of the property.
(2)
The location, dimensions, and types of existing major structures
on the property.
(3)
The location of all of the components of the renewable energy system,
including substations, inverters and transformers.
(4)
The right-of-way of any public road that is contiguous with the property.
(5)
The location of proposed and existing overhead and underground utility
and transmission lines.
(6)
Energy system specifications, including manufacturer and model.
(7)
A detailed plan of the interconnection to the electrical distribution
or transmission system of the intended energy user.
(8)
A description of any necessary upgrades or modifications to existing
substations or the necessity for a new substation; for projects over
2 MW, the location and elevations of all transmission lines, support
structures and attachments to a substation(s); proof of initiation
and current state (i.e., feasibility study, system impact study, interconnection
facilities study, or executed interconnection service agreement and
construction service agreement) of the PJM generation interconnection
planning review process shall be provided for any projects over 2
MW, along with copies of the executed interconnection service agreement
and construction service agreement, if available.
(9)
The location and condition of existing hedgerows and tree lines.
Trees on the site that have a caliper of eight inches in diameter
at breast height (dbh) or greater shall be described by location,
species and overall condition.
(10)
A copy of the application to the local electric utility for
interconnection.
(11)
Photographic simulation of the view of the proposed facility
from ground level from all public roads abutting the property and
from adjacent residential uses. A graphical cross-section shall also
be required showing the line of sight to the facility in relation
to adjoining properties, including residences or other buildings where
a view of the facility is possible.
(12)
A grading and drainage plan under the seal of a licensed professional
engineer, which shall provide the details necessary to adequately
demonstrate to the reviewing agency engineer that stormwater management
is in compliance with Township ordinance standards. Notwithstanding
that the surface of a solar panel shall not be considered to be impervious
for the purpose of calculating stormwater runoff, the reviewing board
engineer, as applicable, shall require the submission of stormwater
calculations and/or improvements to determine if the installation
of the ground-mounted system and associated site improvements will
create a potential impact to the on-site or off-site drainage or increase
stormwater runoff from the predevelopment condition. Prior to issuance
of a certificate of occupancy and/or placing the facility online,
an as-built grading and drainage plan, prepared by a licensed professional
surveyor, shall be submitted to the Township Engineer for review and
approval. The plan shall show that the as-built conditions are substantially
the same as those shown on the approved grading and drainage plan.
(13)
For those systems constructed in a stormwater management facility
or on a parking lot or sign structure, a professional engineer's certification
shall be submitted stating the integrity of the stormwater management
facility or structure will not be compromised by the system and that
relevant capacities will not be reduced. The certification shall include
necessary details to demonstrate that no stormwater runoff or natural
water shall be diverted to overload the existing system, increase
runoff to adjacent properties, create flooding or the need for additional
facilities, cause the systems to be underwater or to reduce the capacity
or operation of the stormwater management facility.
(14)
A maintenance plan and land surface management plan shall be
submitted that sets forth provisions for the continuing maintenance
of the entire site, including all solar panels and associated equipment,
required plantings, area not devoted to solar production, including
a schedule of specific maintenance activities to be conducted on site,
but outside of the solar facility, and shall be maintained to a level
that will discourage successional growth or the establishment of invasive
species. Planting of warm-weather native grasses which allow for mid
to late summer mowing, providing beneficial critical habitat to native
bird species and other wildlife, is encouraged. The use of herbicides,
pesticides and chemical cleaners or solvents shall not be permitted
as an acceptable maintenance practice.
(15)
A construction staging and sequencing plan shall be provided
which details all pertinent information related to construction activities,
including, but not limited to:
(a)
Days and hours of construction activities.
(b)
Location of parking and loading areas.
(c)
Location of truck washing areas.
(d)
Location of construction trailers and associated facilities.
(e)
Location of topsoil stockpile areas.
(f)
Designated truck routes to and from the site.
(g)
Temporary lighting.
(h)
Site security.
(16)
The applicant shall provide initial and periodic familiarization
to local first responders on safe entry, shut-down and operations
within the solar array site
A.
All applications for a major solar facility as a principal use shall
be accompanied by a decommissioning plan to be implemented upon abandonment
and/or in conjunction with removal of solar energy system. Before
beginning any decommissioning activities, the applicant must submit
a performance bond in a form and amount satisfactory to the Township
Attorney, which shall be based upon an estimate approved by the Board
Engineer, assuring the availability of adequate funds to restore the
site to a useful, nonhazardous condition in accordance with the decommissioning
plan. Prior to removal of solar energy systems, a permit for removal
activities shall be obtained from the Florence Township Construction
Official. The decommissioning plan shall include the following provisions:
(1)
Restoration of the surface grade and soil after removal of aboveground
structures and equipment.
(2)
Restoration of soil areas with native seed mixes, and/or plant species
suitable to the area, which shall not include any invasive species.
(3)
Retention of access roads, fences, gates or buildings or buffer plantings,
as required at the discretion of the Township.
(4)
Restoration of the site for agricultural crops or forest resource
land, as applicable.
B.
If the property owner fails to remove the facility and restore the
facility in accordance with the decommissioning plan, the Township
may remove the facility in place of the owner. All costs incurred
by the Township in connection with same shall be a first priority
lien, enforceable pursuant to municipal tax lien statutes.
A.
A solar energy facility that is out of service for a continuous twelve-month
period will be deemed to be abandoned. The Zoning Officer shall issue
a notice of abandonment to the owner of a solar energy facility that
is deemed to be abandoned. The notice shall be sent return receipt
requested.
B.
The property owner shall have 30 days to respond to the notice of
abandonment from the receipt date of the notice.
C.
If the property owner provides information that demonstrates the
solar energy facility has not been abandoned, the Zoning Officer shall
withdraw the notice of abandonment and notify the property owner that
the notice has been withdrawn.
D.
If the Zoning Officer determines the solar energy facility has been
abandoned, the property owner shall remove the facility in its entirety
at the owner's sole expense within three months after the owner receives
the notice of abandonment.
E.
If the property owner fails to remove the facility in the time allowed,
the Township and/or its employees and/or contractors may enter the
property to remove the solar energy facility and, in the event the
Township performs the removal, all costs of such removal shall be
reimbursed to the Township by the owner. In the event the owner fails
to reimburse the Township, the Township may place a lien on the property
in the amount of the costs of said removal and, in the event that
the township incurs any additional costs in enforcing the lien and/or
collecting the money owed, the owner shall be obligated to reimburse
the Township for the additional costs and expenses, including reasonable
attorneys' fees.
