[HISTORY: Adopted by the City Council of the City of Atlantic
City 5-18-2022 by Ord. No. 24-2022. Amendments noted where applicable.]
The purpose of this chapter is facilitation of the construction,
installation, and operation of solar energy systems in the City of
Atlantic City, subject to reasonable restrictions, which will preserve
the public health, safety, and welfare, while also maintaining the
character of the City and avoid significant impacts to protected resources
such as important agricultural lands, endangered species, high value
biological habitats and other protected resources. It is the intent
of this chapter to encourage solar facilities that reduce reliance
on fossil fuels, increase local economic development and job creation,
reduce greenhouse gas emissions, assist New Jersey in meeting its
Renewable Portfolio Standards, and/or promote economic development
diversification.
As used in this chapter, the following terms shall have the
meanings indicated:
A solar energy system that is directly installed on solar
racking systems which are attached to an anchor in the ground and
wired to connect to an adjacent home or building. Ground-mounted systems
may be appropriate when insufficient space, structural and shading
issues, or other restrictions prohibit rooftop solar.
An alternative energy facility that consists of one or more
ground-mounted, freestanding, or building-integrated solar collection
devices, solar energy related equipment and other associated infrastructure
with the primary intention of generating electricity or otherwise
converting solar energy to a different form of energy for primarily
off-site use.
Consists of one or more photovoltaic, concentrated solar
thermal, or solar hot water devices either freestanding, ground, building-integrated
or roof-mounted, as well as related equipment which is intended for
the purpose of reducing or meeting the energy needs of the property's
principal use.
A set of solar collection devices designed to capture sunlight
and convert it to electricity primarily for off-site consumption and
use; some electricity may be used by an on-site building or structure.
Solar gardens can be designed as community solar systems in which
community members can own shares in the solar system; subscribe to
receive the generated solar power; or can purchase the output of the
solar system to offset their own utility bills.
A.
All solar energy systems shall be designed, erected, and installed
in accordance with all applicable provisions in the National Electric
Code (NEC), the International Residential Code (IRC), International
Commercial Building Code, State Fire Code, and any additional requirements
set forth by the local utility (for any grid-connected solar systems).
B.
Solar energy systems are permitted in all zoning districts as an
accessory use to permitted, conditional and special exception uses
with an appropriate building permit.
C.
Principal use solar energy facilities, solar voltaic facilities and
gardens must be in accordance with applicable laws and regulations.
D.
Setbacks, ground-mounted. The location of the ground-mounted system
shall meet all applicable accessory use setback requirements of the
zoning district in which it is located.
E.
Height, sloped roof. For a roof-mounted system installed on a sloped
roof, the highest point of the system shall not exceed the highest
point of the roof to which it is attached as allowed by setback requirements.
F.
Height, flat roof. For a roof-mounted system installed on a flat
roof, the highest point of the system shall be permitted to exceed
the district's height limit by up to 15 feet above the rooftop
to which it is attached.
G.
Height, ground-mounted. Ground-mounted or freestanding solar energy
systems shall not exceed applicable maximum accessory structure height
in the zoning district in which the solar energy system is located.
H.
Height, parking canopies. A solar energy system may exceed the applicable
maximum accessory structure height if it will cover an impervious
surface parking area. Height may not exceed the height of the primary
structure that the parking area serves. Minimum height of the parking
canopy must allow clearance for emergency service and service vehicles.
Solar energy systems within an historic district or on an historic
resource property are not permitted unless written approval or a certificate
of appropriateness has been granted by the Historic Preservation Commission
as established by City of Atlantic City ordinance.
Solar-ready zoning should be considered as one among multiple
considerations in planning new developments.
Fees are established in line with N.J.A.C. 5:23-4.20: N.J.A.C.
5:23-4.20(c)2.iii(13). For photovoltaic systems, the fee shall be
based on the designated kilowatt rating of the solar photovoltaic
system as follows:
