[Added 3-20-2012 by Ord. No. 2012-5]
[1]
Editor's Note: Former Art. 39, Manufactured Housing Cluster
Development, was repealed 4-15-1997.
The Township of Chester desires to permit the installation of
solar energy systems to promote the utilization of a renewable, clean,
safe and available source of power. This solar energy system ordinance
governs the installation of such systems.
A.
Purpose. The purpose of this section is to provide for the installation
of solar energy systems in a manner that will minimize the adverse
visual impact that solar energy systems may have on abutting residential
dwellings and residentially zoned lands.
B.
OCCUPIED AREA
SOLAR ENERGY SYSTEM
SOLAR PANEL
Definitions. Definitions, as used in this section, shall be as follows:
The total contiguous or noncontiguous area(s) supporting
the solar energy generation facilities and related infrastructure.
The total area calculation shall include land devoted to the solar
energy generation facilities; nonfarm roadways; roadway or utility
easements accessing the solar generation facilities; any areas of
the farm used for underground piping or wiring to transmit solar energy
or heat where the piping or wiring is less than three feet from the
surface; and any other buildings or site amenities deemed necessary
for the production of solar energy on the farm.
An energy system which converts solar energy to usable thermal
or electrical energy to meet all or a significant part of a building's
energy requirements. As used in this chapter, the primary application
of a solar energy system is the conversion of solar radiation to either
thermal energy to meet all or part of a building's or swimming pool's
heating and domestic hot water requirements or electricity to meet
all or part of a building's electrical energy requirements.
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.
C.
Solar energy systems.
(1)
The primary purpose of a solar energy system shall be to provide
a source of power for the principal and accessory permitted uses of
the property where the system is to be located and shall not be for
the generation of power for commercial purposes.
(2)
Solar energy systems are intended to be supportive of the principal
and accessory permitted uses in the zone district within which they
are allowed. A solar energy system shall be considered accessory to
the principal use and shall be located on the same lot as the principal
use it is to serve.
(3)
Solar energy systems shall be permitted in any zoning district
as regulated hereafter, provided such systems comply with all applicable
standards set forth herein.
(4)
All residential and nonresidential solar energy systems shall
be installed on buildings, structures or the ground in conformance
with the minimum required setback or yard for a principal building
as specified in Schedule I, Schedule of Area, Yard and Building Requirements,
and Schedule II, Schedule of Requirements for Conditional Uses in
R-1, R-2, R-3, R-5 and R-10 Zones.[1]
[1]
Editor's Note: Said schedules are included at the end of this
chapter.
(5)
A solar energy system installed on the ground shall not exceed
an area of 1,200 square feet, which area shall be established by measuring
the surface area of the solar array.
(6)
The installation of a solar energy system shall be in compliance
with the National Electric Code as adopted by the New Jersey Department
of Community Affairs.
(7)
Energy systems that connect to the electric utility shall comply
with the New Jersey Net Metering and Interconnection Standards for
Class I Renewable Energy Systems and as required by the electric utility
servicing the parcel.
D.
Installation standards for solar energy systems.
(1)
Residential roof installations: WR, RC, R-1, R-2, R-3, R-5 and
R-10 Zones.
(a)
The solar panels and all accessory equipment shall not extend
beyond the edge of the roofline or 12 inches above the roof surface
if installed on a pitched roof or three feet if installed on a flat
roof.
(b)
The combined height of the building and attached solar panels
and supportive structures shall not exceed the maximum permitted height
of the zone district for the type of building upon which the panels
are located.
(c)
All supportive structures, fixtures and piping shall be concealed
from view by architectural details or located within the supporting
building.
(d)
Exposed hardware, supporting structures, fixtures and piping
shall be finished in nonreflective surfaces compatible with the color
scheme of the roof.
(2)
Residential ground installation: WR, RC, R-1, R-2, R-3, R-5
and R-10 Zones.
(a)
No ground installation of a solar energy system shall be permitted
in the WR-Woodland/Residential Zone or RC-Residential Cluster Zone.
(b)
No solar energy collection panels shall be located in any public
rights-of-way, conservation or other easements.
(c)
Solar panels shall not be mounted on trees.
(d)
Freestanding solar panels shall be located a minimum distance
of 10 feet from the principal building.
(e)
In the case of a lot having frontage on a street or a corner
lot having frontage on more than one street, no solar panels shall
be located in the area of the lot between the street and the face
of the building fronting on a street unless the solar panels are set
back a minimum of 80 feet from the front street line.
(f)
No solar panel, supporting structures, fixtures or piping shall
be greater than eight feet in height.
(g)
In the case of flag lots, no solar panels shall be located within
100 feet of a property line.
(h)
Exposed hardware, supporting structures, fixtures and piping
shall be finished in nonreflective surfaces.
(i)
Ground arrays shall be located so that any glare is directed
away from an adjoining property.
(j)
Freestanding solar panels, supportive structures and piping
shall be effectively screened with landscaping to obscure or shield
the view of the solar structure from abutting properties. Where the
back or front of a solar collection system faces a public street,
landscaping or other screening shall be installed to obscure or shield
the view of the solar structure from the street.
(k)
Solar panels shall not be included in any calculation of impervious
surface or impervious cover pursuant to the New Jersey Municipal Land
Use Law (N.J.S.A. 40:55D-38.1).
(l)
All electrical wires servicing a ground-mounted solar system,
other than the wires necessary to interconnect the solar panels and
the grounding wires, shall be located underground.
(m)
The design of solar energy systems shall, to the extent reasonably
possible, use materials, colors, textures, screening and landscaping
that will blend into the natural setting and existing environment.
(3)
Nonresidential roof installation: P, PO/R, B and LB Zones.
(a)
Where solar energy collection panels, supporting structures,
frames, hardware and piping are visible from abutting residential
dwellings or where they abut residential zone districts, appropriate
screening materials shall be installed on the roof in a manner compatible
with the building's architecture.
(b)
The solar panels and all accessory equipment shall not extend
beyond the edge of the roofline or 12 inches above the roof surface
if installed on a pitched roof or three feet if installed on a flat
roof.
(c)
Exposed hardware, supporting structures, fixtures and piping
shall be finished in nonreflective surfaces compatible with the color
scheme of the roof.
(4)
Nonresidential ground installation: P, PO/R, B and LB Zones.
(a)
No solar energy collection panels, supporting structures, fixtures
and piping shall be located in any public rights-of-way, conservation
or other easements.
(b)
Solar panels shall not be mounted on trees.
(c)
If the solar energy collection panels, supporting structures,
fixtures and piping are visible to residential dwellings or abut residential
zones, the solar energy system shall provide appropriate screening
that will block the view of said panels, frames and piping from the
abutting dwellings or residential zones.
(d)
Where the back or front of a solar collection system faces a
public street, landscaping or other screening shall be installed to
obscure or shield the view of the solar structure from the street.
(e)
Exposed hardware, supporting structures, fixtures and piping
shall be finished in nonreflective surfaces.
(f)
Ground arrays shall be located so that any glare is directed
away from an adjoining property.
(g)
Solar panels shall not be included in any calculation of impervious
surface or impervious cover pursuant to the New Jersey Municipal Land
Use Law (N.J.S.A. 40:55D-38.1).
(h)
All electrical wires servicing a ground-mounted solar system,
other than the wires necessary to interconnect the solar panels and
the grounding wires, shall be located underground.
(i)
The design of solar energy systems shall, to the extent reasonably
possible, use materials, colors, textures, screening and landscaping
that will blend into the natural setting and existing environment.
E.
Site plan/zoning permit approval.
(1)
Minor site plan approval is required for a ground installation
of a solar energy system.
(2)
Site plans and zoning permit applications for solar energy systems
shall be accompanied by standard drawings of the solar panels, inverters,
substations and any other required structures. The design shall be
signed and sealed by a professional engineer, registered in the State
of New Jersey, certifying that the design complies with all of the
standards set forth in all applicable codes then in effect in the
State of New Jersey and all sections referred to hereinabove.
(3)
No site plan approval shall be required to construct a solar
energy system on a roof or where the combined surface area of the
solar panels is 250 square feet or less, provided such system is accessory
to a principal use permitted in the zone district within which it
is located and the applicant can demonstrate to the Zoning Official
that the solar energy system can be constructed in conformance with
the requirements of this chapter of the Township Code.
F.
Solar energy systems on preserved or commercial farms.
(1)
Solar energy systems installed on preserved farms shall be regulated
pursuant to the New Jersey Agricultural Retention and Development
Act (N.J.S.A. 4:1C-11 et seq.). Developers of solar energy systems
on preserved farms shall comply with P.L. 2009, c. 213 (N.J.S.A. 4:1C-32.4
et. al.), and all of the following regulations:
(a)
Solar energy generation facilities, structures, and equipment
shall be constructed or installed on no more than 10 acres of the
farmland assessed and taxed pursuant to the Farmland Assessment Act
of 1964, P.L. 1964, c. 48 (N.J.S.A. 54:4-23.1 et seq.), or 1% of the
area of the entire farm, including both the preserved portion and
any portion excluded from preservation, whichever is less.
(b)
The power or heat generated by the solar energy generation facilities,
structures and equipment shall only be used to provide, either directly
or indirectly but not necessarily exclusively, power or heat to the
farm or agricultural or horticultural operations supporting the viability
of the farm.
(c)
The following additional standards apply to energy generation:
[1]
Annual energy generation capacity is limited to the previous calendar year's energy demand plus 10%, in addition to what is allowed under Subsection F(1)(c) of this section, or alternatively at the option of the landowner.
[2]
To occupying no more than 1% of the area of the entire farm,
including both the preserved portion and any portion excluded from
preservation.
[3]
Solar energy generation facilities shall generate no more than
two megawatts of power on the 10 acres or less.
(d)
The limit on the annual energy generation capacity established pursuant to Subsection F(1)(c)[1] of this section shall not include energy generated from facilities, structures or equipment existing on the roofs of buildings or other structures on the farm as of the date of enactment of P.L. 2009, c. 213 (N.J.S.A. 4:1C-32.4 et al.).
(e)
The amount of acreage devoted to the solar energy generation
facilities, structures and equipment shall not exceed a ratio of one
to five acres, or portion thereof, of land devoted to energy generation
facilities, structures and equipment and land devoted to agricultural
or horticultural operations.
(f)
Ground-mounted solar energy generation facilities shall be constructed
in compliance with the following system height, setback and screening
standards:
|
Mounting
|
System Height
|
Size Of Occupied Area
|
Minimum Setback To An Adjacent Residence Existing At The
Time of System Installation and Not Located On The Commercial Farm
|
Minimum Setback To Property Line or Public Roadway Right-of-Way
|
Required Screening
|
|---|---|---|---|---|---|
|
Ground
|
Up to two feet
|
Up to one acre
|
200 feet
|
100 feet
|
Not required
|
|
Ground
|
Greater than two feet
|
Up to one acre
|
300 feet
|
150 feet
|
Not required
|
|
Up to 10 feet
| |||||
|
Ground
|
Up to 10 feet
|
Greater than one acre
|
300 feet
|
150 feet
|
Required
|
|
Up to 10 acres
|
400 feet
|
300 feet
|
Not required
| ||
|
Ground
|
Greater than 10 feet
|
Up to 10 acres
|
300 feet
|
300 feet
|
Required
|
|
Up to 20 feet
|
500 feet
|
400 feet
|
Not required
|
(g)
Solar energy generation facilities shall not exceed a maximum
system height of 20 feet.
(h)
Solar energy generation facilities shall be located in a manner
that minimizes views of the facilities from public roadways and existing
residences not located on the commercial farm, by utilizing existing
visual barriers, including, but not limited to, buildings, trees,
hedgerows and preexisting natural topography to the maximum extent
possible.
(2)
Solar energy systems installed on commercial farms shall be
regulated pursuant to the provisions of P.L. 2009, c. 213 (N.J.S.A.
4:1C-32.4 et al.), as applicable, P.L. 2009, c. 213 (N.J.S.A. 4:1C-9.2.),
P.L. 2009, c. 213 (N.J.S.A. 54:4-23.3c), and the following regulations:
(a)
The amount of acreage devoted to the solar energy generation
facilities, structures and equipment shall not exceed a ratio of one
to five acres, or portion thereof, of land devoted to energy generation
facilities, structures and equipment and land devoted to agricultural
or horticultural operations.
(b)
Solar energy generation facilities, structures and equipment
shall be constructed or installed on no more than 10 acres of the
farmland assessed and taxed pursuant to the Farmland Assessment Act
of 1964, P.L. 1964, c. 48 (N.J.S.A. 54:4-23.1 et seq.).
(c)
Solar energy generation facilities shall generate no more than
two megawatts of power on the 10 acres or less.
(d)
Ground-mounted solar energy generation facilities shall be constructed
in compliance with the following system height, setback and screening
standards:
|
Mounting
|
System Height
|
Size of Occupied Area
|
Minimum Setback To An Adjacent Residence Existing At The
Time of System Installation and Not Located On The Commercial Farm
|
Minimum Setback To Property Line or Public Roadway Right-of-Way
|
Required Screening
|
|---|---|---|---|---|---|
|
Ground
|
Up to two feet
|
Up to one acre
|
200 feet
|
100 feet
|
Not required
|
|
Ground
|
Greater than two feet
|
Up to one acre
|
300 feet
|
150 feet
|
Not required
|
|
Up to 10 feet
| |||||
|
Ground
|
Up to 10 feet
|
Greater than one acre
|
300 feet
|
150 feet
|
Required
|
|
Up to 10 acres
|
400 feet
|
300 feet
|
Not required
| ||
|
Ground
|
Greater than 10 feet
|
Up to 10 acres
|
300 feet
|
300 feet
|
Required
|
|
Up to 20 feet
|
500 feet
|
400 feet
|
Not required
|
(e)
Solar energy generation facilities shall not exceed a maximum
system height of 20 feet.
(f)
Solar energy generation facilities shall be located in a manner
that minimizes views of the facilities from public roadways and existing
residences not located on the commercial farm, by utilizing existing
visual barriers, including, but not limited to, buildings, trees,
hedgerows and preexisting natural topography to the maximum extent
possible.
[Added 7-15-2021 by Ord. No. 2021-11]
A.
Purpose. In accordance with NJSA 40:55D-66.16 providing that a solar
or photovoltaic energy facility constructed and operated on the site
of any landfill shall be a permitted use within every municipality,
the purpose of this section is to establish development standards
for a commercial-scale solar photovoltaic energy facility development
on Block 17 Lot 7, including principal and accessory structures and
site improvements necessary for solar photovoltaic electric generation,
as well as on-site improvements necessary for the ongoing groundwater
remediation and monitoring activities and equipment for the Combe
Fill South Landfill, as per the requirements of the New Jersey Department
of Environmental Protection (NJDEP) and the United States Environmental
Protection Agency (USEPA).
B.
Permitted uses. Within the Combe Fill South Area in Need of Rehabilitation,
no lot or building shall be used, and no building shall be erected
or altered to be used, in whole in part, except for the following
uses.
(1)
Solar photovoltaic energy facilities and improvements accessory
thereto. For the purposes of this section, a "solar photovoltaic energy
facility" shall mean a system of solar energy panels, and accessory
equipment and improvements including electrical wiring, conduit, voltage
inverters, driveways, interior circulation roads, fencing and landscaping
that is designed to generate electricity for off and/or on-site consumption.
(2)
Site remediation activities and improvements, landfill maintenance
activities and improvements, including all structures and improvements
accessory thereto.
C.
Solar photovoltaic energy facility development standards. The following
standards shall apply to solar photovoltaic energy facility development:
(2)
The developer shall submit written evidence and a summary of
approvals required to develop the solar photovoltaic energy facility
in accordance with applicable regulatory agency requirements including,
but not limited, to PJM Interconnection and the New Jersey Board of
Public Utilities or their successors.
(3)
The applicant shall submit evidence of an agreement with the
Chester Township Council for the development of a solar photovoltaic
facility on Block 17 Lot 7.
(4)
More than one principal building and/or structure shall be permitted
per lot.
(5)
A solar photovoltaic energy facility may be constructed on property
consisting of one or more lots comprising a tract, and shall conform
to the following area and yard requirements:
(a)
Minimum tract area: 30 acres.
(b)
Lot frontage: 450 feet.
(c)
Setbacks:
[1]
Principal building and structure front yard setback: 400 feet,
as measured from the Parker Road right-of-way.
[2]
Principal building and structure setback from all other tract
boundaries: 90 feet.
[3]
Accessory building and structure front yard setback: 400 feet,
as measured from the Parker Road right-of-way.
[4]
Accessory building and structure setback from all other tract
boundaries: 90 feet.
[5]
Inverter setback: 125 feet.
[6]
Parking and driveway setback: 50 feet from any side or rear
tract boundary line.
[7]
Any noise generating structure or equipment shall be set back
125 feet from the tract boundary and shall be fitted with sound barriers
to direct sound away from any adjoining residential uses and areas,
subject to approval from the Planning Board.
[8]
All setbacks shall be measured from the tract boundary. No setback
shall be required from the municipal boundary or internal lot lines
comprising the tract.
(e)
Maximum improved lot coverage: 5%. For the purposes of this
section, solar panels shall not be included in the calculation of
improved lot coverage. Solar panel shall mean 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.
(6)
Except pursuant to a permit issued by the NJDEP, no portion
of a solar photovoltaic energy facility shall occupy land designated
and regulated by the NJDEP as floodplains, flood hazard areas, wetlands,
wetland transition areas, or riparian areas. An applicability determination
from the NJDEP or a qualified wetlands expert shall be provided to
document the presence and/or absence of such regulated areas.
(7)
Landscaping and buffering. The following landscaping and buffering
requirements are required for a solar photovoltaic energy facility:
(a)
The solar photovoltaic energy facility shall not be visible
from the public right-of-way.
(b)
If solar energy collection panels, fixtures, piping, or other
supporting structures are visible to residential dwellings or abut
residential zones, the solar energy system shall provide appropriate
screening that will block the view of said panels, fixtures, piping,
or supporting structures from the abutting dwellings or residential
zones to the greatest extent practicable.
(c)
The facility shall be sited behind existing vegetation to the
greatest extent practicable, which shall be supplemented with landscaping
to shield the installation from public view. Removal of existing vegetation
shall be minimized to the greatest extent practicable.
(d)
The facility shall be sited using the existing topography to
the greatest extent practicable, and shall be screened from public
view and the view of adjoining residences.
(e)
Except for the areas of the tract that may already be forested,
areas not occupied by components of the solar photovoltaic energy
facility shall be planted with suitable ground cover, such as native
grasses for soil stabilization. Ground areas beneath the solar panels
arrays shall not be covered with stone.
(f)
The Planning Board may require supplemental landscaping as deemed
necessary and appropriate to achieve the screening objectives of this
section.
(8)
Solar panel arrays shall be designed to withstand a minimum
ground level wind velocity of 90 miles per hour, or in accordance
with wind loading guidelines established in the Uniform Construction
Code, whichever is greater.
(9)
The facility shall be enclosed within a fenced compound with
a fence not less than six feet in height, with access gates providing
access to the compound. Parking for routine maintenance and monitoring
of the facility shall be located within the fenced compound.
(10)
Informational signage.
(a)
A sign identifying the owner and operator of the facility shall
be prominently displayed on the access gate(s) with emergency contact
information.
(b)
A Knox-Box® shall be installed
adjacent to the access gate(s), subject to approval by the Department
of Emergency Services.
(c)
Separate signs identifying the contact information for the responsible
units with the USEPA and NJDEP that oversee the ongoing remediation,
monitoring, and site maintenance of the tract shall be posted in a
manner conspicuous to the public, subject to approval by the Board.
(d)
The maximum area of any sign shall be eight square feet.
(11)
No component of the facility shall be used for displaying advertising
except for signs identifying the operator of the system.
(12)
Phasing plan.
(a)
A construction phasing plan shall be submitted with the site
plan application.
(b)
The phasing plan shall identify equipment and material staging
areas, parking areas for construction personnel, and hours of operation,
all of which shall be provided on site.
(c)
The phasing plan shall identify an overall construction timeline,
and shall include an estimate of the number of construction personnel
required to construct the facility.
(13)
Environmental narrative report and planning.
(a)
At the time of the site plan submission, the applicant shall
submit a narrative report with sufficient detail pertaining to: past
and ongoing groundwater remediation; monitoring and site maintenance
activities; and an identification of existing and proposed equipment
and facilities to address applicable short- and long-term NJDEP and
USEPA requirements for site remediation, monitoring, and maintenance.
(b)
The narrative shall also explain how on-site activities required
by the NJDEP, USEPA, and the solar photovoltaic energy facility operator
will be coordinated.
(c)
The existing landfill cap and any modifications to it shall
be sufficiently detailed on the plans to demonstrate how the proposed
solar photovoltaic energy facility can be installed and operated safely
while simultaneously protecting the long-term integrity and effectiveness
of groundwater remediation and monitoring activities conducted on
site. The proposed solar photovoltaic energy facility shall not negatively
interfere with any existing or future remediation and monitoring activity.
(d)
The contact information for the responsible units within the
USEPA and NJDEP shall be provided.
(14)
Electricity generated by the facility may be used on site to
operate groundwater remediation and monitoring equipment.
