Each of the sections and provisions of this article shall apply
to all zones, unless otherwise stated.
No accessory structure may be built on any lot on which there
is no principal building or structure. Unless otherwise regulated
in this chapter, accessory structures shall meet the following conditions:
A.
Accessory structures in agricultural and residential zones.
(1)
Except for accessory structures used in connection with agricultural
uses, accessory structures shall not exceed 16 feet in height.
(2)
Accessory structures shall meet the front and side yard requirements
of the principal building.
(3)
Accessory structures erected in the rear yard shall be at least 10
feet from a side or rear property line.
(4)
Accessory structures shall be at least 10 feet from a principal building
and at least six feet from another accessory building.
(5)
Accessory structures, such as boathouses or docks, may be placed
along the waterfront of a lot having such frontage, regardless of
rear yard requirements.
(6)
Except for accessory structures used in connection with agricultural
uses, the total ground floor area of all accessory structures on a
lot shall not exceed the ground floor area of the principal building.
(7)
No accessory structure shall be used as a dwelling.
(8)
No accessory structure shall be permitted in a front yard.
[Added 11-14-2002 by Ord. No. 2002-10]
B.
Accessory structures in all other districts. For the purposes of
this chapter, accessory structures in all other districts shall meet
the height and yard requirements for principal buildings. No such
accessory building shall be located closer to another building than
the height of the shorter building.
A.
Look-alikes.
[Amended 2-1-1988]
(1)
Building permits will not be issued for any new dwelling to be constructed
in a development plan consisting of two or more dwellings unless the
exterior designs are substantially different in appearance from any
contiguous, adjacent or nearby dwelling within 500 feet or within
two conforming lots within the particular zone, whichever distance
is greater, of the proposed dwelling and measured in either direction
along the road frontage upon which the proposed dwelling is to be
constructed. Said five-hundred-foot distance between dwellings shall
include dwellings situated on the opposite side of the road or, in
the case of intersecting streets, 500 feet from any intersection.
Proposed dwellings shall be substantially different in design within
the distances outlined above. The distances outlined above shall be
measured from the exterior lot lines of the properties in question.
(2)
For the purposes of this subsection, "substantially different" shall
mean that a proposed dwelling must incorporate four major changes
in design, which major changes shall differentiate said dwelling from
other dwellings situated within the distances delineated above. "Major
changes" shall mean and include but not be necessarily limited to:
(a)
Location of garage, portico or breezeway.
(b)
Location, size and type of windows and doors.
(c)
Type, design and pitch of roofs, including roofing material,
color and pattern thereof.
(d)
Type, design and color of exterior siding material of the front
of the dwelling and at least one other facet of the unit.
(e)
Floor plans.
(3)
Further, notwithstanding the above distance requirements, the developer
must use a minimum of substantially different designs as per the following
schedule:
|
Number of Lots
|
Minimum of Substantially Different Designs
| |
|---|---|---|
|
3 to 7
|
3
| |
|
8 to 15
|
4
| |
|
16 to 25
|
5
| |
|
26 to 40
|
6
| |
|
41 to 80
|
7
| |
|
80 and above
|
8
|
(4)
The developer shall submit architectural drawings which incorporate
the proposed exterior designs as outlined above for the Board's review
as part of the developer's preliminary application.
(5)
For purposes of this subsection, the developer may submit architectural
drawings to the Board which incorporate changes other than those outlined
above for review, and it shall be in the discretion of the Board to
determine if said designs constitute substantially different major
changes in order to conform to the above provisions of this subsection.
(6)
It is not the intent or purpose of this subsection to suggest that
a developer should propose a development which includes more than
one basic architectural style in a single development, i.e., colonials
mixed with Tudors or ranch or Cape Cods, etc., and the same is to
be discouraged in that to mix said designs would be less aesthetically
pleasing and acceptable than a basic architectural styling theme with
the major changes noted above.
B.
The physical contour of any lot shall not be altered in any manner
affecting drainage to the detriment of the property or adjoining property,
nor shall natural contours be disturbed or excavations permitted which
are likely to involve risks of erosion, landslide, injury to natural
vegetation or other hazardous or adverse conditions. In addition,
the following specific requirements shall be met:
(1)
There shall be no increase in the grade of a lot within five feet
of an adjoining street or property line.
(2)
No grade shall be increased to a slope greater than two to one.
(3)
There shall be no filling of land nor the erection of retaining walls
in any location or to such a height as would reduce the normal sight
distance along a street from any point at the setback line on any
adjoining lot.
C.
If the Construction Official finds that the construction of any building or the disturbance of the natural contours is likely to result in any condition mentioned in Subsection B above, he shall refer the application and plot plan to the Township Engineer. Upon advice of the Township Engineer, the Construction Official shall require such changes in the construction plans, or he shall require the construction of berms, gutters, retaining walls, dry wells, catch basins and similar structures as may be necessary to control drainage, to reduce excavation, to maintain a natural environment to the greatest degree possible and to otherwise prevent or eliminate danger or hazardous conditions.
[Amended 7-6-1987]
D.
No structure or part thereof shall be erected, raised, moved, extended,
enlarged, altered or demolished and no excavation for any building
shall be dug until a building permit has been granted by the Construction
Official. Application thereof shall be filed, in duplicate, by the
owner or his agent, and it shall state the intended use of the structure
and of the land. This application shall be accompanied by detailed
plans and specifications.
[Amended 7-6-1987]
[Amended 7-6-1987]
No land shall be used and no new structure shall be occupied
or used, in whole or in part, for any use, nor shall the use of any
land or structure be changed from an existing to a new use until a
certificate of occupancy is issued by the Construction Official, stating
that the structure and the occupancy and use of the land and the structure,
if any, conform to the provisions of this chapter. In addition, a
certificate of occupancy shall be obtained prior to the occupancy
of any existing nonresidential land or building or part thereof by
a new owner or tenant, even if there is no change in the use of the
land or building or part thereof. Such certificates of occupancy shall
be granted or denied within 15 days from the date written application
has been received by the Construction Official. Unless a certificate
is granted within such period, it shall be deemed to be denied. At
the discretion of the Construction Official, a temporary certificate
of occupancy may be issued, provided that health and safety factors
are met, the dwelling is 75% completed and the remaining 25% must
be completed within the year.
[1]
Editor's Note: Former § 105-8.1, Certificates of
continued occupancy, added 8-6-1996 by Ord. No. 98-11, was repealed
12-2-1999 by Ord. No. 99-13.
[Amended 7-6-1987]
It shall be the duty of the Construction Official to keep a
record of all applications for building permits and certificates of
occupancy and of all such permits and certificates issued, with a
notation of all special conditions involved. He shall file and safely
keep copies of all plans and specifications submitted with such applications,
and the same shall form a part of the records of his office. Copies
of certificates of occupancy shall be furnished upon request to any
person having a proprietary or leasehold interest in the structure
or land affected.
Where a lot is bounded by more than one street, the yard depth
or setback from each street shall not be less than the required front
yard on each street. On corner lots, the average lot depth measured
from any abutting street shall not be less than 125% of the required
minimum average lot width.
No permit shall be granted for a building or use if the design
or construction of the same is likely to involve exceptional risk
of traffic congestion, public safety or hazard, nor shall a permit
be issued for a building or use if the design or construction of the
same is so markedly incongruous with the character of the neighborhood
as to materially affect the value of adjacent property.
No land may be used and no structure may be erected, raised,
moved, extended, enlarged, altered or used for any purpose other than
a purpose permitted herein for the zone in which it is located, and
all construction shall be in conformity with the regulations provided
for the zone in which such construction is located.
[Amended 4-7-1986; 6-2-1986; 7-6-1987]
This chapter shall be enforced by the Zoning Officer, whose
primary duty shall be to investigate violations, sign complaints where
justified and cooperate with other Township officials in the prosecution
of violators; however, before a court action is filed, the Zoning
Officer shall obtain the approval of the Township Committee. The Construction
Official or other Township employee authorized by the Township Committee
shall have the right to inspect any lot or building at reasonable
times for the purpose of investigating possible violations of this
chapter or if it is in connection with an application for a building
permit.
Any lot or plot, as recorded at the time of passage of this
chapter, that fails to comply with the minimum lot area requirements
of this chapter may be used for any use not otherwise prohibited in
such district in which it lies, provided that said lot is in single
ownership, as defined in this chapter, and further provided that all
yard requirements are complied with; provided, however, that, where
the average lot width is less than its zone district requirements,
the side yards may be reduced by the percentage that the average lot
width bears to the zone district requirements.
A.
Fences and walls above grade shall be subject to the following limitations:
(1)
No wall or fence shall be erected within 25 feet of a street center
line nor within five feet of a street right-of-way line.
(2)
Walls or fences, other than retaining walls, erected in a front yard
shall not exceed four feet in height. Retaining walls located in the
front yard shall not exceed six feet in height.
(3)
Walls or fences erected in the side or rear yards shall not exceed
six feet in height.
B.
The foregoing limitations shall not apply to fences used in connection
with agricultural uses, provided that the same do not obstruct vision
for purposes of traffic safety, nor shall said limitations apply to
fences or walls required by the Planning Board in connection with
site plan approval.
The height provisions of this chapter shall not apply to the
erection of building appurtenances, such as church spires, belfries,
towers or flagpoles, designed exclusively for ornamental purposes.
The height provisions of this chapter shall, moreover, not apply to
chimneys, flues, bulkheads, elevator enclosures, water tanks or similar
accessory structures occupying an aggregate of 10% or less of the
area of the roof on which they are located, and further provided that
such structures do not exceed the height limit by more than 10 feet.
Nothing in this chapter shall prevent the erection above the height
limitation of a parapet wall or cornice extending above such height
limit not more than three feet.
The control and regulation of the nature and extent of uses
of structures as herein provided shall apply equally to the nature
and extent of the use of land.
[Amended 7-6-1987; 6-3-1991 by Ord. No. 8-91]
Outdoor storage or display of any article or material as an
accessory use to any commercial operation is permitted in the B-1,
B-2, B-3, I-1 and I-2 Zones only, subject to the following regulations:
A.
The outdoor storage of any article or material, other than merchandise for sale on the premises, shall be limited to the side and rear yards and shall be screened by fencing, planting, or both, as approved by the Planning Board in accordance with Chapter 90. Subdivision and Site Plans. The height of the fence shall be equal to or greater than the height of the material stored, but not greater than six feet, and the height of the material to be stored shall not exceed six feet. Said storage shall be located at least 10 feet from a property line. Material so stored shall be kept in an orderly manner at all times, and such material shall not include any discarded or abandoned articles.
B.
The outdoor storage of merchandise for sale on the premises is permitted in the side and rear yards, provided that the same is located at least 25 feet from a street right-of-way and 10 feet from a property line. The area devoted to such storage shall be approved by the Planning Board in accordance with § 105-24 and shall be screened along any side or rear line adjoining a residential zone. The height of material so stored shall not exceed six feet, except for individual articles which have a height of more than six feet. No article or material shall be stored in any required parking area or so located as to interfere with vehicular or pedestrian traffic movement or safety. In addition, no article or material shall be stored or displayed on a sidewalk.
C.
The outdoor storage of live plants being displayed for sale on the
premises may be located within 10 feet of a street right-of-way line
and up to a property line, provided that the height of such material
does not exceed three feet within 25 feet of the street right-of-way
or within 10 feet of a property line.
D.
Excepting the outdoor storage of live plants, not more than 50% of
any yard shall be devoted to outdoor storage or display.
A.
Only one principal building may be erected on a lot, except for related
buildings forming one principal use and limited to the following:
(1)
Public or institutional building complexes.
(2)
Industrial, I-1; manufacturing, 1-2; or retail, B-1, shopping complexes;
B-2 and B-3, where an office park is proposed such that the gross
density of construction does not exceed that otherwise permitted in
the zone.
[Amended 6-3-1991 by Ord. No. 8-91]
B.
Unless otherwise regulated in this chapter, no principal building
shall be located closer to another building than the height of one
of the buildings, but in no event less than 15 feet.
No lot, yard, parking area or other space shall be so reduced
in area or dimension as to make said area or dimension less than the
minimum required under this chapter. If already less than the minimum
required under this chapter, said area or dimension shall not be further
reduced.
Except as provided in §§ 105-23 and 105-24 below, tourist cabins, house trailers, storage trailers, trailer courts, tents and all other movable dwellings may not be occupied, erected or moved into any zone; provided, however, that unoccupied house trailers may be stored in any zone, provided that the same are completely garaged at all times.
[Amended 9-6-1988]
No person shall keep, store, abandon or leave upon any parcel
of land, public or private, or upon any street, road or highway within
the Township any motor vehicle not currently used for transportation
and not being licensed for the current year or which cannot be readily
operated under its own power; however, nothing in this section shall
prohibit the placing or storing of any such motor vehicles in any
garage or other building.
The use of trailers in any zone in connection with site construction
shall be permitted subject to the following restrictions and regulations:
A.
Such trailers shall be located on the lot on which construction is
progressing and shall not be located within 25 feet of the boundary
line of any abutting residential lot.
B.
Such trailers shall be used only as field offices and not for any
dwelling use whatsoever.
C.
Such trailers shall not be moved onto a construction site until the
date on or after which construction actually commences and shall be
removed from such site on or before the completion of construction.
D.
A permit for the location and use of any such trailer shall be obtained
from the Zoning Officer. Such permit shall be renewed evry six months.
The parking and storage of boats and trailers in any zone shall
be permitted subject to the following restrictions and regulations:
A.
All trailers, boats or boat trailers shall be stored in the side
or rear yard only. No trailer, boat or boat trailer shall be parked
or stored in the front yard of a lot or in front of the front yard
building line.
B.
The area devoted to the storage of boats or trailers shall not exceed
5% of the lot area or 400 square feet, whichever is the lesser.
C.
Any trailer, boat or boat trailer parked in the side or rear of any
lot shall meet the requirements and regulations applicable to accessory
buildings in regard to setbacks.
D.
Any trailer, boat or boat trailer parked or stored in a side or rear
yard and not in an enclosed garage shall be screened from view of
any adjoining street or property. Such screening shall not be less
than the height of the object, but need not exceed six feet, and shall
consist of a wall, fence, trellis, dense shrubbery or other attractive
material. Such screening may be waived if topographic or other physical
conditions would render the screening ineffective.
E.
The area in which any trailer, boat or boat trailer is to be parked
or stored shall not preempt any off-street parking space required
to be provided by any provision of this chapter.
F.
Prior to parking or storing any trailer, boat or boat trailer on
any lot, except within an enclosed garage, the owner of said lot shall
first apply to and obtain from the Zoning Officer a permit allowing
such parking or storage. Such permit shall expire on the first day
of January following its issuance and may be renewed for additional
terms of one year each.
G.
An application for such permit shall be made on forms to be supplied
by the Zoning Officer and shall set forth the following information:
H.
Such application shall be accompanied by a plot plan, drawn to scale,
showing the location where such trailer or boat is to be parked or
stored, the relation of such location to structures located on the
same lot and on abutting lots, the relation to the boundary lines
of abutting lots and the relation of such location to the required
side and rear yards. Such plot plan shall be reasonably accurate and
legible so as to enable the Zoning Officer to determine if the application
complies with the provisions of this chapter. If a plot plan is not
so accurate or legible, the Zoning Officer shall require an applicant
to resubmit the same.
I.
An applicant for such permit shall pay a fee of $10 for the first
issuance of such permit and a fee of $2 for each renewal thereof.
Such fees shall be paid to the Zoning Officer.
J.
Nothing herein contained shall prohibit the Zoning Officer from issuing
a temporary permit, without fee, allowing the temporary parking or
storage of trailers, boats or boat trailers in any lot for a period
not exceeding 14 days, provided that the Zoning Officer makes the
following findings:
[Added 9-6-1988]
No person shall throw, dump or deposit paper, bottles, containers,
automobile parts, junked or wrecked or abandoned motor vehicles, unusable
machinery or parts of machinery, old appliances, metal trash, debris,
wood scraps or other waste material upon open fields, woods or private
property. Anyone who is in violation of this section shall be given
a thirty-day notice, after which, if it has not been corrected, he
will receive a summons from the Zoning Officer.
[Added 9-6-1988]
No person or persons shall permit land to be covered with or
contain refuse and debris resulting from construction activities or
the demolishing of buildings. A certificate of occupancy shall not
be issued until completion of this work. Salvaged building material
neatly stored on the owner's premises shall not be deemed refuse or
debris.
[Added 9-6-1988]
Any accessory building or barn in a residential zone, in such
a state of disrepair as to endanger lives or to be ruled a fire hazard,
shall be dismantled and removed by the owner. A demolition permit
shall be obtained from the Construction Official for this purpose.
The Township Committee shall be consulted for approval before taking
any action in this section.
[Added 5-6-2021 by Ord. No. 2021.004]
All classes of cannabis establishments or cannabis distributors
or cannabis delivery services as said terms are defined in Section
3 of P.L. 2021, c. 16, but not the delivery of cannabis items and
related supplies by a delivery service.
[1]
Editor's Note: Former § 105-24.4, Overnight parking
in residential zones, added 9-6-1988, was repealed 12-4-1999 by Ord.
No. 99-17.
[Added 8-1-1994 by Ord. No. 13-94]
A.
Purpose. The Township Committee finds that there are many relatively
small lots in Liberty Township. The Committee further finds that development
of these small lots is often proposed to occupy a disproportionately
large portion of a lot, leaving little room for septic disposal areas,
proper location of wells and provision of appropriate external recreation
space. In order to avoid the overutilization of properties within
the Township, floor area ratio provisions shall apply to all properties
zoned for single-family detached development of one acre or less and
for all nonresidential properties. The rationale for designation of
one acre as the threshold is that for large lot development even a
very large home will fit well within the conventional floor area ratio
of 0.2.
B.
"Floor area ratio" is defined as the ratio of all floor areas of
the building, excluding stairwells and elevator shafts, equipment
rooms, interior vehicular parking or loading and all floors below
the first or ground floor except when used or intended to be used
for human habitation or service to the public.
D.
Utilization of floor area ratio shall not be construed to permit
violation of any other yard area or height limitation as set out elsewhere
in this Code.
[1]
Editor's Note: Former § 105-25, Site plans involving
variances, as amended, was repealed 8-7-1989 by Ord. No. 6-89.
When a new lot or lots are formed from a parcel of land or where
two or more lots are combined into a single parcel of land, the separation
or combination must be effected in such a manner as not to impair
any of the provisions of this chapter. Taxes must be paid up to the
current quarter before consideration can be given for approval (N.J.S.A.
40:55D-39e). Also, before an application may be considered for rezoning,
all taxes must be paid up to the current quarter (N.J.S.A. 40:55D-65h).
Temporary permits may be authorized by the Board of Adjustment,
after a hearing, for a period not to exceed one year for nonconforming
structures incidental to construction projects on the same premises
and intended for such uses as storage of building supplies and machinery
and the assembly of building materials. In addition, the Board of
Adjustment, after a hearing, may authorize a certificate of occupancy
for a dwelling house to be temporarily used as a sales and management
office for the sale of those homes within a subdivision, provided
that all of the following requirements are complied with:
A.
The house to be used as such office is built upon a lot approved
as part of a subdivision that has been approved by the Planning Board.
B.
Said house is of substantially the same quality of construction as
those homes to be sold within the subdivision.
C.
No business other than that accessory to the management and sales
of the lands owned by the applicant shall be permitted.
D.
Said dwelling house shall meet all other zoning restrictions of the
zone in which it is located.
E.
The temporary certificate of occupancy issued under this section
shall be for no longer than a one-year period. However, such permit
may be renewed by the Construction Official annually after a hearing.
[Amended 7-6-1987]
A.
On a corner
lot, a fence, wall or planting over 30 inches in height above the
curb or edge of roadway which would obstruct vision for the purpose
of traffic safety shall not be erected or maintained within a triangle
formed by the point of intersection of the right-of-way lines of the
intersecting streets and points on each of the intersecting right-of-way
lines 25 feet from the point of intersection.
B.
Obstructions.
[Added 10-4-2012 by Ord.
No. 12-03]
(1)
Every owner or occupant of lands lying within the Township adjoining a public roadway is prohibited from placing or allowing to be placed within five feet of the road right-of-way any obstruction, including, but not limited to, fences, walls, signs and pillars. This section shall not apply to signs installed by the Township, federal, county or state governments, utility poles, fire hydrants, or mailboxes installed in accordance with this Subsection B. However, under no circumstance shall a mailbox be installed in or about a wall, pillar or other permanent structure except by a post or pole as described below. Mailboxes shall be set on a single wood post that is not greater than four inches square or has a diameter of 4 1/2 inches or less, or affixed to a metal pole not greater than two inches square or has a diameter 2 1/4 inches or less. All such mailbox posts must be set back 12 inches from the edge of pavement. Also, all mailboxes must be installed in accordance with the rules, regulations and standards established by the United States Postal Service.
(2)
Except as provided for below, any obstruction installed in a way other than in the manner allowed by this Subsection B and that was installed prior to the date this Subsection B is adopted may continue in existence until such time as the obstruction is removed regardless of the cause or reason that such obstruction is removed. In the event that the obstruction is removed, it shall not be replaced, except, however, a mailbox may be replaced as provided for in this Subsection B. Notwithstanding the foregoing, any obstruction, including a wall, fence or vegetation that is deemed by the Township Engineer to create a hazard to persons traveling along the roadway, shall be removed by the property owner as ordered by the Township.
(3)
Any obstruction that is installed in violation of this Subsection B or is not removed after notice from the Township that an obstruction is causing a hazardous condition may be removed by the Township at the property owner’s expense. Prior to the Township taking any action to remove an obstruction, the property owner shall be afforded written notice of no less than 30 days to remove the obstruction, unless an emergency situation exists which requires the obstruction to be removed in less than 30 days. Notice shall be given either by personal delivery or by certified mail/return receipt requested. Any costs incurred by the Township in removing an obstruction found to be in violation of this Subsection B shall constitute a lien against the owner’s property to the extent allowed by law.
(4)
Any
person given a notice to remove an obstruction may appeal such decision
to the Land Use Board, by giving written notice to the Township Clerk/Administrator
within seven days of receipt of the notice to remove the obstruction
A.
Every lot must provide front, rear and side yards as required for its zone. All front yards must face upon a public street or private street approved by the Planning Board or Township Committee. On streets less than 50 feet in width, the required front yard shall be increased by 1/2 of the difference between the width of the street and 50 feet. If a width greater than 50 feet is shown on an adopted Master Plan or Official Map, the required front yard shall be increased by 1/2 of the difference between the width of the street and said greater width. The provisions of this subsection shall not apply if an established setback has been formed in accordance with § 105-14.
B.
Front, side and rear building locations shall be surveyed and certified
by a licensed New Jersey land surveyor. The survey shall be performed
at any time after the foundation is constructed and prior to the erection
of the building above the foundation. A certified copy of the survey
shall be presented to the Construction Official when the foundation
of the building is complete.
[Amended 7-6-1987]
C.
On corner lots, the "front yard" shall be construed as the yard on
which the main entrance of the dwelling faces, and the "rear yard"
shall be the yard opposite the front yard. If a building is located
diagonally on a lot facing two streets, the yard adjoining either
street may be selected as the "front yard."
[Added 3-2-2023 by Ord. No. 2023.004]
B.
Solar energy systems. The following general requirements shall apply
to all solar energy system installations.
(1)
Minor solar installations that were installed prior to the adoption
of this section are grandfathered as installed. At such time that
those installations require upgrades, modifications, or retrofits
including solar collector replacement, those installations shall be
brought into complete conformance with the requirements of this section.
(2)
Solar energy systems shall be ground-mounted, mounted to principal
and/or accessory structures and buildings, or a combination thereof.
(3)
Solar energy system components mounted to the roof of a principal
and/or accessory building and/or structure shall not be permitted
to be located within four feet of the edge of any roof. Roof-mounted
photovoltaic panels shall be mounted parallel to the roof of the supporting
structure and shall not protrude above 12 inches from the roof.
(4)
All solar facilities shall meet the requirements of the current
New Jersey Stormwater Management Regulations, N.J.A.C. 7:8.
(5)
Where the subject site is currently or was previously an active
agriculture site, site disturbance, including but not limited to grading,
soil removal, excavation, berm construction, soil compaction, and
other site modifications, shall be submitted with the zoning or building
permit application for approval. Site disturbance shall be minimized
so that the subject site can return to active agricultural production
after the useful life and removal of the solar energy system.
(6)
The solar energy system location shall not be installed on prime
farmland.
(7)
Wooded sites may not be clear cut to construct solar energy
systems.
(8)
Ground-mounted residential solar energy systems are permitted
only as accessory uses to existing or proposed residences and shall
be placed as far from public rights-of-way and viewsheds in the most
visually remote areas as practical.
(9)
Any approval of a solar energy system does not create any actual
or inferred solar energy system easement against adjacent property
and/or structures. The owner and/or property owner of a solar energy
system shall not infer or claim any rights to protective writs to
any caused shadows or operating ineffectiveness against future development
adjacent to or higher than the property location of the solar energy
system. The approval of any solar energy system granted by the Township
of Liberty under this article shall not create any future liability
or infer any vested rights to the owner and/or property owner of the
solar energy system on the part of the Township of Liberty or by any
other officer or employee thereof for any future claims against said
issuance of approval of the solar energy system that result from reliance
on this article or any administrative decision lawfully made thereunder.
(10)
The use of lead-acid batteries shall not be permitted.
(11)
Other than during initial construction of the facility, solar
panels shall not be stored in open areas or on the ground. All broken
panels shall be removed from the site immediately upon replacement
and disposed of in accordance with standard industry practice and
any applicable law(s). Should storage of new replacement panels be
required on site, such panels shall be stored within a permanent building
or structure.
(12)
Solar energy systems fencing or vegetation for screening shall
be maintained and kept in functional condition. Damage to fencing
or vegetation shall be immediately repaired or replaced.
(13)
All electrical and control equipment shall be labeled and secured
to prevent unauthorized access in accordance with the National Electric
Code (NEC) and state solar regulations.
(14)
The "total area" or "gross area" of a ground-mounted solar system
as referred to in this section shall include the ground area occupied
by the photovoltaic panels, ground-mounted support equipment (inverters,
utility transformers, etc.), and the required spacing between the
photovoltaic panels for service and proper sun absorption of the photovoltaic
panels.
(15)
The maximum permitted height of a ground-mounted solar installation,
including all components, shall be eight feet.
(16)
Requirements of this section shall remain in effect regardless
of ownership of the property or solar energy system. Should the operation
of the solar energy system be leased, or otherwise managed by a third
party, both the solar energy system owner, the property owner, and
the management firm are responsible to maintain the solar energy system
in accordance with this section.
C.
Minor solar energy system. The following requirements shall apply
to minor solar installations.
(1)
Minor solar energy system installation with a gross area of
1,000 square feet or less, including the aggregate of all installations,
shall require a zoning permit subject to compliance with all other
provisions of this section.
(2)
Ground-mounted solar system installations shall meet the side
and rear yard setback standards for accessory structures for the zone
in which the solar energy system is located.
(3)
Ground-mounted solar system installations shall not be located
between a building line and a public street (i.e., ground systems
shall not be located in a front yard).
(4)
Ground-mounted solar system installations shall meet the following
screening requirements:
(a)
A solid buffer/screen of plantings and/or a fence shall be provided
along property line(s) and/or yard setback shared with a residential
zone district and rights-of-way. The buffer may extend into the required
setback.
(b)
The minimum height of the screening shall be the height of the
solar facility or five feet, whichever is greater.
(c)
Existing vegetation shall be retained to the extent practical
and may be incorporated or used as screening as approved by the Land
Use Board.
D.
Major solar energy system. The following requirements shall apply
to, and be bulk requirements for, major solar installations.
(1)
Major solar system installations up to a gross area of five
acres shall require minor site plan approval prior to obtaining a
zoning permit.
(2)
Major solar system installation of a gross area more than five
acres shall require preliminary and final major site plan approval
prior to obtaining a zoning permit.
(3)
The maximum size of a major solar installation shall be no larger
than 10 acres in total gross area.
(4)
The minimum parcel size for a major solar installation shall
be five contiguous acres.
(5)
No more than 50% of the lot shall be covered by the solar energy
system and its components.
(6)
One or more of the following shall be grown beneath the solar
panel structures: meadow grasses or agricultural crops for grazing
farm animals. There shall be no continuous impervious cover under
the solar panel structures.
(8)
Decommissioning plan and estimate. All applications shall be
accompanied by a decommissioning plan. The decommissioning plan shall
include the following:
(a)
Upon zoning approval and before being granted a permit for construction,
the applicant shall submit a performance bond. The performance bond
shall be based on a decommissioning and site restoration estimate
prepared by the applicant, to be approved by the Township Engineer
and the Township Attorney.
(b)
Site restoration shall return the site of the solar installation
to preconstruction condition. All site grades and vegetation shall
be restored to preconstruction conditions.
(c)
Decommissioning and demolition includes the deactivation, disconnection,
demolition, and removal of all structures constructed to support the
solar installation, including but not limited to wiring, cable, footings,
foundations, and utility infrastructure, unless otherwise noted herein.
(d)
Restore the surface grade and soil after removal of aboveground
structures and equipment, including but not limited to removal of
all components of the solar energy system within the top 30 inches
of the soil profile.
(e)
Soil replacement shall meet the requirements of the NRCS, USDA,
and 7 CFR 657. Replace soil to bring site back to pre-solar-installation
grades. Soil replacement within the top 12 inches of the soil profile
shall be comprised of topsoil meeting the texture of loam as described
in the USDA soil classification system, and the pH shall be in the
range of 6.5 to 7. Tests shall be reviewed and approved by the Township.
(f)
All land shall be restored to original or better soil permeability
where necessary to promote healthy plant growth prior to installation
of topsoil and vegetation, subject to approval of the Township. Refer
to the NRCS, USDA, and 7 CFR 657. Tests are to be reviewed and approved
by the Township.
(g)
Restore soil areas with native grasses, agricultural crops or
plant species suitable to the area and which do not include any invasive
species.
(h)
Provide quantities, unit prices and overall cost estimates for
decommissioning in current dollars as well as projections for 15 years
and 20 years.
(i)
The approved zoning plan may require the restoration of agricultural
crops or forest resource land.
(j)
The approved zoning plan may require the retention of access
roads, fences, gates, buildings and buffer plantings at the discretion
of the Township.
(k)
If the property owner fails to remove the facility and restore
the property in accordance with the decommissioning plan, the Township
may perform 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.
(9)
All solar and photovoltaic facilities shall provide a Knox-Box®, or approved equal, to allow twenty-four-hour
access to the facility for emergency service personnel.
(10)
Prior to a solar energy system being energized, the owner shall
offer safety training for emergency service personnel. This shall
include instruction and documentation on firefighting considerations,
potential hazards from burning panels and any other special considerations
associated with the facility.
E.
Buffer and screening requirements. The following minimum buffering
and screening requirements shall be met for both minor and major solar
installations. The applicant shall demonstrate, to the satisfaction
of the approving Board, that the proposed screening provides a year-round
visual screen of the facility from neighboring residential properties.
(1)
The proposal for a major solar installation shall comply with the landscaping screen requirements as established by Chapter 105 of the Township Code with the following additions:
(a)
Perimeter security fencing shall be required. Fencing shall
have a minimum height of six feet. Such fencing shall be provided
inside of, and screened by, any required landscaping screens.
(b)
Where the proposed solar energy system is located on lands higher
in elevation than surrounding properties, berms shall be used in conjunction
with landscape screening to offer a more effective visual buffer.
Berms shall not be constructed at slopes greater than three horizontal
to one vertical (3:1).
(c)
Landscaping screens shall have a minimum width of 35 feet except
when abutting a residential use, or, where found to be necessary by
the Board, a fifty-foot width shall be required.
(d)
Existing hedgerows or vegetated windbreaks that provide screening
of the proposed facility from neighboring properties shall be retained
and augmented unless otherwise directed by the approving Board.
(e)
A two-year maintenance guarantee for all plantings in a form
acceptable to the Township Attorney, and in an amount acceptable to
the Township Engineer and Planner, shall be posted with the Township.
(f)
In the event that the Township Zoning Officer determines that
utilization of an outside expert (e.g., Board landscape architectural
expert) is necessary to provide guidance relative to the plantings
(including planting design, materials, maintenance, etc.), all costs
and expenses of such outside experts shall be reimbursed to the Township
by the applicant or operator of the facility.
(2)
All landscaping, as installed, shall conform to and be in accordance
with the approved zoning permit. Prior to the issuance of a permanent
certificate of occupancy, certificate of completion, or compliance
(whichever is applicable) and prior to the release of any performance
guarantee other than the decommissioning performance bond, the landscaping
shall be installed.
(3)
All screening shall be effective as of the date of installation.
If the applicant applies for a certificate of occupancy during a season
not appropriate for planting, the applicant may obtain a temporary
certificate of occupancy without installation of the approved landscaping.
The applicant will be eligible to receive a final certificate of occupancy
after the installation of the landscaping during the next planting
season.
(4)
The applicant shall have a continuing obligation to maintain
all landscaping for its intended purpose (i.e., for aesthetics or
both), which shall include but not be limited to repairing and/or
replanting to the satisfaction of the Township Planner all landscaping
that becomes damaged and/or dies. (This continuing maintenance obligation
is in addition to, and notwithstanding, the fact that a maintenance
guarantee may or may not be required in any particular application.)
(5)
All screening shall be effective as of the date of installation.
If the applicant applies for a certificate of occupancy during a season
not appropriate for planting, the applicant may obtain a temporary
certificate of occupancy without installation of the approved landscaping.
The applicant must post a performance guarantee in a form acceptable
to the Township Attorney and in an amount acceptable to the Township
Engineer guaranteeing the installation of the landscaping during the
next planting season and further guaranteeing the subsequent posting
of a two-year maintenance bond.
(6)
Solar facilities on preserved or farm qualified properties:
(a)
On nonpreserved, agriculturally assessed farms, ground-mounted
facilities shall be permitted on a farm management unit at a ratio
of one acre devoted to the solar energy system to five acres devoted
to agriculture (approximately 17%) up to a maximum of 10 acres'
coverage. This area shall be calculated including required roadways
and buffers. In no case shall a solar energy system be rated to generate
more than two megawatts of electricity.
(b)
Ground-mounted farm-scale facilities which are to be located
as accessory uses on agriculturally assessed farms or preserved farms
shall be placed as far from public rights-of-way and viewsheds in
the most visually remote areas as practical.
(c)
All farm-scale solar energy facilities shall comply with the
State Agricultural Development Committee (SADC) agricultural management
practice for solar energy generation. The SADC has established an
agricultural management practice (AMP), or standards, which commercial
farms must meet to be eligible for right-to-farm protection for the
on-farm generation of solar energy.
(d)
The energy system location shall not be installed on prime agricultural
soils.
F.
Additional site plan requirements.
(1)
In addition to those items required for an application to be
deemed complete, a major and minor site plan application shall also
provide the following:
(a)
Location of proposed and existing underground or overhead utility
or transmission lines.
(b)
Location of any proposed or existing substation, inverter or
transformer.
(c)
Description of any necessary upgrades or modifications to existing
substations or the necessity for a new substation.
(d)
Description of how the energy generated by the solar energy
system will be connected to the electrical distribution or transmission
system or the electrical system of the intended energy user.
(2)
For major solar installation, the following shall be provided
in addition to the above requirements:
(a)
Plans, details and specifications, as may be necessary, to adequately
depict all improvements and upgrades associated with interconnection
into the existing off-site electrical infrastructure.
(b)
Documentation detailing the available capacity of the existing
electric infrastructure in the region and the amount of that capacity
to be allocated for the proposed solar energy system.
(c)
An interconnection agreement with PJM and all other applicable
regulatory agencies.
(d)
Location of existing hedgerows and vegetated windbreaks. Trees
within this area that have a caliper of six inches diameter breast
height (dbh) or greater shall also be identified by species and overall
condition. These shall be retained or replaced on a three-for-one
basis.
G.
Abandonment.
(1)
A solar energy system that is out of service for a continuous
twelve-month period will be deemed to have been abandoned.
(2)
The Township may issue a notice of abandonment to the owner
of a solar energy system that is deemed to have been abandoned.
(3)
The owner shall have the right to respond to the notice of abandonment
within 30 days from notice receipt date.
(4)
If the owner provides information that demonstrates the solar
energy system has not been abandoned to the reasonable satisfaction
of the Township, the Township shall withdraw the notice of abandonment
and notify the owner that the notice has been withdrawn.
(5)
If the designated Township official determines that the solar
energy system has been abandoned, the owner of the solar energy system
shall remove the solar energy system and properly dispose of the components
at the owner's sole expense within six months after the owner
receives the notice of abandonment and in accordance with the approved
decommissioning plan.
(6)
In the event that the owner fails to remove the solar energy
system, the Township and/or its employees and/or contractors have
the right, but not the obligation, to call the performance bond to
effectuate the decommissioning of the solar energy system and enter
the property to remove the solar energy system. If, for whatever reason,
the Township is required to expend its own monies to effectuate the
decommissioning of the solar energy system, all costs and expenses
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 and expenses
of said removal, and, in the event that the Township incurs any additional
costs and expenses 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 attorney's
fees.
