[HISTORY: Adopted by the City Council of the City of Long
Branch as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-27-2014 by Ord. No. 14-14]
The purpose of this article is to promote the safe, effective
and efficient use of solar energy systems while protecting the public
health, safety and welfare through appropriate zoning and land use
controls. Whereas a purpose of the Municipal Land Use Law[1] is to promote utilization of renewable energy resources,
and existing zoning regulations do not address solar power, the City
of Long Branch finds it necessary and appropriate to standardize and
streamline the requirements for solar energy systems.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
For the purposes of this article, the following terms, phrases,
words and their derivations shall have the meaning given herein.
A solar energy system consisting of one or more roof- and/or
ground-mounted solar collector devices and solar-related equipment
that supplies electrical or thermal power for the principal use of
the property on which the solar energy system is located, except that
excess electrical power generated and not presently needed for on-site
use may be used by the utility company. Accessory solar energy systems
shall not otherwise be used for the generation of power for commercial
purposes.
The City of Long Branch Planning Board or Zoning Board.
The individual or entity that intends to own and operate
the solar energy system in accordance with this article.
A solar energy system mounted on a canopy or carport structure
within a parking lot.
A solar energy system principally used to capture solar energy
and convert it to electrical energy for sale to a utility for off-site
uses. Solar energy production facilities may consist of one or more
freestanding ground- or roof-mounted solar collector devices, solar-related
equipment and other accessory structures and buildings including light
reflectors, concentrators, and heat exchangers, substations, electrical
infrastructure, transmission lines and other appurtenant structures
and facilities.
A system of panels or other solar energy devices, including
solar-related equipment, the purpose of which is to provide for the
collection, inversion, storage, and distribution of solar energy for
electricity generation, space heating, space cooling or water heating.
The term may be used to refer to both accessory solar energy systems
and solar energy production facilities.
Items including but not limited to a solar photovoltaic cell,
panel, or array, or solar hot air or water collector device panels,
lines, pumps, batteries, mounting brackets, framing and possibly foundations
used for or intended to be used for collection of solar energy.
The area from which a proposed solar energy system is theoretically
visible. The zone may be presented as a map with markings or colorings
and may include computer generated simulations.
A.
General. This article applies to solar energy systems to be installed
and constructed after the effective date of this article. Any upgrade,
modification, or structural change that materially alters the size
or placement of an existing solar energy system, or the abandonment
of that system, shall comply with the provisions of this article.
B.
Redevelopment areas and areas in need of rehabilitation. The installation,
construction or modification of a solar energy system in any redevelopment
area designated by the City of Long Branch pursuant to the Local Redevelopment
and Housing Law[1] shall be exempt from this article and subject instead
to the adopted redevelopment plan and/or rehabilitation plan or requirements
for that area.
[1]
Editor's Note: See N.J.S.A. 40A: 12A-1 et seq.
A.
General. The following standards apply to all solar energy systems:
(1)
Solar energy systems shall be designed and located in order to prevent
reflective glare toward any inhabited structure on adjacent properties
as well as adjacent street rights-of-way.
(2)
Solar energy systems shall comply with all applicable City noise
standards.
(3)
Solar energy systems shall not be used for displaying any advertising
or signs, either temporary or permanent, except for reasonable identification
of the manufacturer or operator of the system. The manufacturer or
operator identification, emergency contact information, and appropriate
warning signage shall be posted on or near the system in a clearly
visible manner.
(4)
The design of solar energy systems shall, to the extent reasonably
possible, use materials, colors, textures, screening and landscaping
that will blend the facility into the natural setting and existing
environment.
(5)
All on-site utility and transmission lines shall, to the extent feasible,
be placed underground.
(6)
Any solar energy systems that are to be used by someone other than
the owner of the property shall provide evidence of an agreement between
the property owner and the facility owner or operator confirming the
facility owner or operator has the permission of the property owner
to install and utilize a solar energy system, and the expiration date
of the agreement.
(7)
A roof-mounted system, whether mounted on the principal building
or accessory building, may not exceed the maximum principal building
height or accessory building height specified for the building type
in the underlying zoning district. In no instance shall any part of
the solar energy system extend beyond the edge of the roof.
(8)
The total surface area of all ground-mounted solar collectors, regardless
of the mounted angle, including solar photovoltaic cells, panels,
arrays, and solar hot air or water collector devices shall not be
included in the calculation of total lot or building coverage.
(9)
All mechanical equipment associated with and necessary for the operation
of the solar energy system shall be screened from any adjacent property
that is residentially zoned or used for residential purposes. The
screen shall consist of shrubbery, trees, or other noninvasive plant
species which provides a visual screen. In lieu of a planting screen,
a decorative fence meeting the requirements of the Zoning Ordinance[1] may be used.
(10)
The placement of a solar energy system shall not reduce or otherwise
interfere with required parking areas, open space or landscaped areas,
pedestrian and vehicular circulation, stormwater facilities or any
other required amenity, facility, or infrastructure element.
B.
Accessory solar energy systems.
(1)
Roof-mounted systems. Roof-mounted accessory solar energy systems are permitted as an accessory use on the same lot as a principal use in all zoning districts in accordance with § 320-4A of this article and the following additional requirements:
(a)
Solar panels mounted on a sloped roof shall not exceed a height
of 12 inches from the finished surface of the rooftop.
(2)
Ground-mounted systems. Whenever practical, all accessory solar energy systems shall be roof-mounted. If a ground-mounted system is proposed, the applicant shall demonstrate that the proposed system cannot feasibly be attached to a building due to structural limitations of the building or the height restrictions imposed by this article. In those cases, ground-mounted systems are permitted as an accessory use on the same lot as a principal use in all zoning districts in accordance with § 320-4A of this article and the following additional requirements:
(a)
The minimum lot size for a ground-mounted system shall be 1/2 acre,
provided that the lot provides the ability to conform to the other
applicable requirements of this article.
(b)
In residential districts, all ground-mounted systems shall be set
back a minimum distance of five feet from all property lines if 100
square feet or less or a minimum distance of 10 feet from all property
lines if greater than 100 square feet. In commercial and industrial
districts, all ground-mounted systems shall be set back in conformance
with the district standards for accessory structures or 10 feet, whichever
is greater.
(c)
In any zone other than residential that abuts a residential district,
all ground-mounted systems shall be set back a minimum distance of
20 feet from all property lines.
(d)
No portion of a ground-mounted system shall be located within or
above any front yard or side yard or along any street frontage.
(e)
Ground-mounted systems shall not exceed six feet in height measured
from the ground to the highest point of the structure including panels,
except that in the MB-Manufacturing Business and I-Industrial Districts,
the maximum height shall be 12 feet.
(f)
In no case shall the surface area of a ground-mounted system exceed
half the building footprint of the principal structure.
C.
Solar energy production facility. A solar energy production facility shall be considered a permitted principal use in the MB-Manufacturing Business and I-Industrial Districts in accordance with § 320-4A of this article and the following additional requirements:
(1)
Solar energy production facilities may be roof-mounted or ground-mounted
or a combination thereof.
(2)
Solar energy production facilities shall adhere to the schedule of
lot, yard and bulk requirements of the district in which they are
located except that ground-mounted systems shall not exceed a height
of 12 feet at their highest point from the ground.
(3)
Ground-mounted systems shall be completely enclosed by a minimum
eight-foot high fence with a self-locking gate, and provided with
screening and buffering in accordance with the provisions of the zoning
ordinance. Fence locations shall adhere to the schedule of setback
requirements of the district in which they are located.
(4)
Lighting shall be provided to the extent it is required for security
and maintenance purposes but not to such a degree as to constitute
a nuisance to adjoining residential districts or properties. Photometric
plans and adequate shielding are required.
D.
Special standards for solar carports. Solar carports may be installed as either accessory solar energy systems or solar energy production facilities in parking lots containing 20 or more spaces. Solar carports are subject to the applicable provisions of § 320-4A, B and C and the following special standards:
(1)
The outside edge of a carport shall be set back at least 20 feet
from any property line.
(2)
The maximum height of a carport shall be 18 feet measured from the
ground to the highest point of the structure including panels.
(3)
The structure shall not reduce the number of required on-site parking
or loading spaces.
(4)
The structure shall not block or interfere with any required on-site
lighting.
(5)
The structure shall not interfere with safe and efficient pedestrian
or vehicular circulation.
(6)
Signage is permitted on the carport in accordance with the standards
provided in the zoning ordinance and shall be counted in the overall
sign package for the property. Signs shall not extend beyond any surface
of the structure.
(7)
Solar carports shall not be counted in the calculation of building
coverage if installed over paved parking areas.
(8)
Solar carports installed on the top of parking structures shall be
governed by the same standards applicable to the parking structure
on which they are mounted.
(9)
Solar carports are not permitted in residential zones unless a commercial
use with a parking lot preexists.
A.
Permits. All solar energy systems require a construction and zoning
permit prior to installation. Applications for a solar energy system
shall include information demonstrating compliance with the provisions
of this article including the following:
(1)
The manufacturer's specifications for all components of the
proposed system.
(2)
Scaled horizontal and vertical (elevation) drawings illustrating
the location of the system on the building or on the property for
a ground-mounted system, including the property lines.
(3)
For all roof-mounted systems other than a flat roof, the elevation
must show the highest finished slope of the solar collector and the
slope of the finished roof surface on which it is mounted, and the
distance from the roof edge.
(4)
For flat roof applications, a drawing shall be submitted showing
the distance to the roof edge and any parapets on the building and
shall identify the height of the building and the highest finished
height of the solar collector above the finished surface of the roof.
B.
Site plan. Site plan approval shall be required for the installation
of all ground-mounted accessory solar energy systems, all solar energy
production facilities, and solar carports as follows:
(1)
In addition to the information required by any other section of this
article and all other site plan details generally required by City
ordinance, the site plan application shall include a visual analysis
of the subject property that illustrates the appearance of the proposed
solar energy system from at least three strategic locations around
and within the zone of visual impact.
(2)
Site plan approval shall expire if the solar energy system is not
installed and functioning within 24 months from the date of approval
or if the solar energy system is abandoned as provided for in this
article.
(3)
Ground-mounted accessory solar energy systems installed on properties
where the principal use is a single- or two-family home are exempt
from site plan approval; but are required to submit a recent survey
of the property indicating the proposed location of the solar energy
system as part of the construction or zoning permit application.
D.
Utility notification and interconnection. Prior to the installation
of a solar energy system, the owner of the system shall provide the
Construction Official and/or Zoning Officer with written confirmation
that the public utility company has been informed of the owner's
intent to install an interconnected solar energy system.
E.
Public projects. The Long Branch governing body or other public agency
seeking to construct a solar energy system is exempt from the provisions
of this article but shall refer the plan to the planning board for
review and recommendation pursuant to the terms of the Municipal Land
Use Law at N.J.S.A. 40:55D-31.
F.
Abandonment.
(1)
Notice. An accessory solar energy system, solar energy production
facility, or solar carport that is out of service for a continuous
twelve-month period shall be deemed abandoned. The municipal Zoning
Officer may issue a notice of abandonment to the owner of the abandoned
system. The owner shall have the right to respond to the notice of
abandonment within 30 days from the receipt date. The municipal Zoning
Officer shall withdraw the notice of abandonment and notify the owner
that the notice has been withdrawn if the owner provides the municipal
Zoning Officer with information demonstrating that the system has
not been abandoned.
(2)
Removal. If an accessory solar energy system, solar energy production
facility, or solar carport is determined to be abandoned, the owner
shall remove the system and all related improvements within 90 days
of receipt of the notice of abandonment at the owner's sole expense.
The owner shall obtain a demolition permit prior to removing the system.
If the owner fails to remove the abandoned system, the municipality
may pursue a legal action to have the system removed at the owner's
expense.
[Adopted 5-27-2014 by Ord. No. 15-14]
The purpose of this article is to promote the safe, effective
and efficient use of small wind energy systems while protecting the
public health, safety and welfare through appropriate zoning and land
use controls. Whereas a purpose of the Municipal Land Use Law[1] is to promote utilization of renewable energy resources,
and existing zoning regulations do not address wind power, the City
of Long Branch finds it necessary and appropriate to standardize and
streamline the requirements for small wind energy systems.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
For the purposes of this article, the following terms, phrases,
words and their derivations shall have the meaning given herein.
The City of Long Branch Planning Board or Zoning Board.
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. A met tower shall be permitted
under the same standards and permit procedures as a small wind energy
system.
The individual or entity that intends to own and operate
the small energy system in accordance with this article.
The horizontal distance from the center of the supporting
structure to the nearest property line or to the nearest overhead
utility easement or underground petroleum product pipeline easement.
A wind energy conversion system consisting of a wind turbine,
a tower, and associated control or conversion electronics, which will
be used primarily for onsite consumption.
The vertical distance from the average elevation of the finished
grade to the tip of a wind generator blade when the tip is at its
highest point, or to the highest point of any stationary or moving
component of the wind energy system, whichever is higher.
A monopole, freestanding, or guyed structure that supports
a wind generator.
The area over which a proposed small wind energy system may
be theoretically visible. The zone may be presented as a map with
markings or colorings and may include computer generated simulations.
A.
General. This article applies to small wind energy systems to be
installed and constructed after the effective date of this article.
Any upgrade, modification, or structural change that materially alters
the size or placement of an existing small wind energy system, or
the abandonment of that system, shall comply with the provisions of
this article.
B.
Redevelopment areas and areas in need of rehabilitation. The installation,
construction or modification of a small wind energy system in any
redevelopment area designated by the City of Long Branch pursuant
to the Local Redevelopment and Housing Law[1] shall be exempt from this article and subject instead
to the adopted redevelopment plan and/or rehabilitation plan or requirements
for that area.
[1]
Editor's Note: See N.J.S.A. 40A: 12A-1 et seq.
A.
Permitted Accessory Structure. A ground-based small wind energy system
shall be a permitted accessory structure in the C-4, RC-1, M, MB,
1, and S-2 Zones and on all publicly owned properties. The primary
purpose of the accessory small wind energy system shall be to provide
power for the principal use of the property upon which it is located.
Only one small energy system is permitted on any given site. Roof-mounted
small wind energy systems are prohibited.
B.
Design standards.
(1)
Minimum Lot Size. The minimum lot size for a small wind energy system
shall be one-half acre, provided the lot provides the ability of the
small wind energy system to conform to the setback and height requirements
below.
(2)
Location. No portion of small wind energy system shall be located
within or above any front yard, side yard, along any street frontage,
nor within any required setback of any property.
(3)
Setbacks. A small wind energy system shall be set back a distance
equal to the zone's setback requirements for a principal building,
one rotor radius plus 15 feet, or 20 feet, whichever is greater. Setbacks
may be increased by the Board for reasons of public safety in order
to account for the distance to overhead power lines. No portion of
a wind generator shall extend beyond the required setback line, or
into any of 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 easements for same, unless
written permission is granted by the utility or entity that owns and/or
controls the lines.
(4)
Height. A small wind energy system shall not exceed a total height
of 50 feet on lots between one-half acre and one acre and 80 feet
on lots between one acre and three acres. On lots of three acres or
more, a maximum height of 120 feet is permitted. In all cases the
bottom of the rotor blade sweep shall be at least 20 feet above the
ground surface.
(5)
Noise. The noise level of any small wind energy system shall not
exceed 55 dBA at a common property line or 50 dBA at the closest occupied
structure. These levels may be exceeded during short-term events such
as severe wind storms and utility outages.
(6)
Lighting. A small wind energy system shall not be artificially lighted
unless such lighting is required by the Federal Aviation Administration.
If lighting is required, the owner shall provide a copy of the FAA
determination to establish the required markings and/or lights for
the small wind energy system.
(7)
Visual impacts.
(a)
The wind generator and the tower shall remain painted or finished
in the color or finish that was originally applied by the manufacturer
or as directed by the Board to blend into the surrounding environment.
(b)
The applicant shall demonstrate that the small wind energy system's
visual impact will be minimized in the zone of visual influence including
but not limited to surrounding neighbors and the larger community.
This may include but not be limited to information regarding site
selection, turbine design or appearance, buffering and screening of
ground-based electrical and control equipment, or the reduction or
elimination of guy wires, and obstruction of water views.
(c)
All on-site electrical wires associated with a small wind energy
system shall, to the extent feasible, be placed underground.
(8)
Signs. There shall be no signs, either temporary or permanent, on
a small wind energy system or any associated building, except for
the manufacturer's or installer's identification, appropriate
warning signs, or owner identification.
(9)
Access.
(a)
All ground-mounted electrical and control equipment associated
with a small wind energy system shall be labeled and secured to prevent
unauthorized access. The tower shall be designed and installed so
as not to provide step bolts, a ladder, or other publicly accessible
means of climbing the tower, for a minimum height of eight feet above
the ground.
(b)
Any mechanical equipment associated with and necessary for the
operation of a small wind energy system, including a building for
batteries and storage cells, shall be enclosed with a six-foot-high
fence. The supporting tower shall also be enclosed with a six-foot-high
fence unless the base of the tower is not climbable for a distance
of 12 feet.
(10)
Ancillary buildings. When a building is necessary for storage
cells or related mechanical equipment, the building shall be subject
to the same setback requirements as the supporting tower and shall
not exceed 10 feet in height.
(11)
Clearing. Clearing of natural vegetation shall be limited to
that which is absolutely necessary for the construction, operation
and maintenance of the small wind energy system and as otherwise prescribed
by applicable laws, regulations, and ordinances. All applications
for a small wind energy system shall conform to the provisions of
the City ordinances with respect to tree removal.
A.
Site plan. A zoning permit with grading plan and site plan approval
shall be required for the installation of a small wind energy system.
In addition to other application materials required by City ordinance,
the site plan application shall be accompanied by a plot plan that
includes the following:
(1)
Property lines and physical dimensions of the property.
(2)
Location, dimensions, and types of existing structures on the property.
(3)
Location of the proposed small wind energy system tower.
(4)
The right-of-way of any public road that is contiguous with the property.
(5)
Any overhead utility lines.
(6)
Small wind energy system specifications, including manufacturer and
model, rotor diameter, tower height, tower type (freestanding or guyed).
(7)
Tower and tower foundation drawings signed and sealed by a professional
engineer licensed in the State of New Jersey;
(8)
Sound level analysis prepared by the wind turbine manufacturer or
qualified engineer including noise levels of the proposed wind energy
system at all property lines and at the closest neighboring inhabited
dwelling.
(9)
A visual analysis including photos of the subject property that graphically
simulates the appearance of any proposed small wind energy system
and indicating its view from at least five locations around and within
the zone of visual impact.
(10)
A report from a structural engineer containing the following:
a description of the tower, including a description of the design
characteristics and material; and documentation to establish that
the tower has sufficient structural integrity for the proposed uses
at the proposed location and meets the applicable minimum safety requirements.
The applicant shall provide evidence that the proposed tower height
does not exceed the height recommended by the manufacturer of the
wind turbine.
(11)
A wildlife habitat assessment report, unless otherwise waived
by the reviewing Board, either as part of an environmental impact
statement or as a separate report that specifically addresses the
wildlife habitat affected by the installation of a small wind energy
system.
B.
Expiration. Site plan approval shall expire if the small wind energy
system is not installed and functioning within 24 months from the
date of approval or if the small wind energy system is abandoned as
provided for in this article.
C.
Utility notification and interconnection. Prior to the installation
of a small wind energy system, the owner of the system shall provide
the construction official and/or zoning officer with written confirmation
that the public utility company has been informed of the owner's
intent to install an interconnected small wind energy system.
D.
Public projects. The governing body or other public agency seeking
to construct a wind energy system is exempt from the provisions of
this article but shall refer the plan to the Planning Board for review
and recommendation pursuant to the terms of the Municipal Land Use
Law at N.J.S.A. 40:55D-31.
E.
Abandonment.
(1)
Notice. A small wind energy system that is out of service for a continuous
twelve-month period shall be deemed abandoned. The municipal Zoning
Officer may issue a notice of abandonment to the owner of an abandoned
small wind energy system. The owner shall have the right to respond
to the notice of abandonment within 30 days from the receipt date.
The municipal Zoning Officer shall withdraw the notice of abandonment
and notify the owner that the notice has been withdrawn if the owner
provides the municipal Zoning Officer with information demonstrating
the small wind energy system has not been abandoned.
(2)
Removal. If the small wind energy system is determined to be abandoned,
the owner of the small wind energy system shall remove the wind generator
from the tower at the owner's sole expense within 90 days of
receipt of notice of abandonment. The owner shall obtain a demolition
permit prior to removing the system. If the owner fails to remove
the wind generator from the tower, the municipality may pursue a legal
action to have the wind generator removed at the owner's expense.