[Added 4-5-2010 by Ord. No. O-03-2010]
This article may be referred to as the "Solar Energy System
Ordinance."
This article is adopted pursuant to the Township of Mantua's authority to adopt such ordinances under N.J.S.A. 40:42-1 et seq., 40:49-1 et seq., and 40:55D-1 et seq. and Code § 1-5.
A.
The primary purpose of a solar energy system will be to provide power
for the principal use of the property whereon said system is to be
located and shall not be for the generation of power for commercial
purposes for resale.
B.
Solar energy systems shall only be permitted as an accessory use on the same lot as the principal use. All solar energy systems require approval from the Zoning Officer and the local Construction Office and/or Official prior to installation. Applications for an energy system shall include information demonstrating compliance with the provisions of this article. In the event that the Zoning Officer or Construction Office does not believe the provisions of this article will be satisfied, an applicant may request and/or file a variance application pursuant to Articles I through XII of Chapter 230 of the Code, as amended, as applicable.
C.
Applicability of article. This article shall apply to systems intended
for the provision of the electrical or mechanical power needs of the
owner/operator of the system and/or property situated with the solar
energy system. Said approval shall cover the location of the system,
as shown on the plan submitted as part of the application for approval.
For systems intended for uses other than the ones stated, approval
by the Township's Planning Board or Zoning Board shall be required.
For any solar energy system installation not meeting the requirements
or contents of this article, a variance plan shall be submitted to
the applicable Planning or Zoning Board for consideration.
As used solely in this article, the following terms shall have the meanings indicated. These definitions are not intended to alter the meanings of the exact or similar terms as defined in Code § 230-7, nor are they intended to apply to other sections of the Code:
The Township of Mantua Zoning Officer.
The solar energy system and all associated equipment shall
remain painted or finished in the color or finish that was originally
applied by the manufacturer unless a different color or finish is
approved by the Administrator. It is recommended that colors and finishes
match the surroundings of the installation to the extent reasonably
possible; however, this specification is not a requirement.
The Township of Mantua Planning Board and/or Zoning Board
or other authority having jurisdiction.
The NJDCA-authorized Construction Official and the place
of business officially designated by the Township of Mantua to review
and approve applications under applicable codes of construction under
the authority of the State of New Jersey. The Mantua Township Construction
Office, by definition, includes its successors and assigns and/or
those designated by the Township of Mantua and/or state authority.
The New Jersey Department of Community Affairs and, by extension,
shall include the individual divisions and/or offices within the NJDCA.
The individual, entity and/or property owner that intends
to own and operate the solar energy system in accordance with this
article. Should the property owner be different from the owner or
entity that intends to own and operate the solar energy system, the
property owner shall provide written consent and provide the same
at the time of application for approval.
A renewable energy system, as defined in this section, that
converts solar energy into a usable electrical energy, heats water,
or produces hot air or similar function through the use of solar collectors,
and which is used to generate electricity and has a nameplate capacity
of 50 kilowatts or less, solar panels and/or generators, and all associated
equipment, including any base, foundation, structural support, wire(s),
batteries or other components necessary to fully utilize the solar
generator.
In relation to a solar energy system, the vertical distance
from the ground to the maximum height of the apparatus and all associated
equipment of the solar energy system at its highest point.
A.
Solar panels.
(1)
Rooftop solar panel installations.
(a)
Solar panels shall be permitted as a rooftop installation in
any zoning district. The panels may extend a maximum of six inches
above the roof; further provided that the panels follow the pitch
of the roof and do not exceed the maximum permitted height of the
prevailing zoning.
(b)
Solar panels installed in a rooftop configuration must be installed
on the rear roof area unless the applicant makes a showing to the
satisfaction of the Administrator that the rooftop configuration proposed
cannot be installed on the rear roof area. Upon written endorsement
from the Administrator, solar panels may be installed on the front
roof area.
(c)
Rooftop installations must not interfere with any operation
of plumbing fixtures protruding from the rooftop level, as required
by the New Jersey Plumbing Codes.
(3)
Other solar panel installations. Any solar panels and/or arrays mounted on a pole, tower and/or ground-mounted apparatus not meeting the requirements of § 230-100A(2) above is prohibited under this article. Such application is required to be reviewed by applicable Planning or Zoning Board.
B.
The design of solar energy systems shall, to the extent reasonably
possible, including rooftop installations, use materials, colors,
textures, screening and landscaping that will blend into the natural
setting and existing environment.
C.
Signs. There shall be no signs that are visible from any public road posted on a solar energy system or any associated building except for the manufacturer's or installer's identification in accordance with Subsection E below, appropriate warning signs, or owner identification. Solar energy systems shall not be used for displaying any advertising except for small and reasonable identification of the manufacturer or operator of the system. In no case shall any identification sign be visible from a property line.
D.
Utility notifications and interconnection.
(1)
Solar systems that connect to the electric utility shall comply
with New Jersey's Net Metering and Interconnection Standards for Class
I Renewable Energy Systems at N.J.A.C. 14:4-9.
(2)
Labeling requirements.
(a)
A minimum of one sign shall be posted near ground level on the
interconnection cabinet warning of high voltage. In addition, the
following information shall be posted on a label or labels on the
interconnection cabinet of the solar energy system:
(b)
Should the solar energy system interconnection cabinet be located
on the inside of a structure, a sign notifying the existence of a
solar energy system shall be placed on the outside of the building,
near the electrical and/or gas meter, in order to notify emergency
personnel of the solar energy system.
E.
Standards for and regulation of solar energy systems.
(1)
Construction. Solar energy system construction shall be in accordance
with the appropriate sections of the Basic Building Code, as adopted
and as currently amended by the State of New Jersey, and any future
amendments and/or revisions to same.
(2)
The installation of a solar energy system shall conform to the
National Electrical Code, as adopted by the NJDCA and/or any other
applicable agency with jurisdiction. The installation of a solar energy
system is subject to any and all Atlantic City Electric Company requirements
for interconnection, its successors and assigns, and/or those designated
by state authority, in perpetuity.
(3)
The structural design and fastening details of any solar energy
system shall be signed and sealed by a professional engineer licensed
in the State of New Jersey, certifying that the structural design
complies with all of the standards set forth for safety and stability
in all applicable codes then in effect in the State of New Jersey
and all sections referred to hereinabove.
(4)
The property owner and/or installer of the solar panel installation
must receive approvals from any outside agencies having jurisdiction
over the project prior to the installation.
F.
Miscellaneous.
(1)
All electric lines/utility wires shall be buried underground,
as applicable, and by applicable regulation and/or code. All electric
lines/utility wires leading down the side of the structure from rooftop
installations shall be placed and tacked as aesthetically as possible.
(2)
When a building or cabinet is necessary for storage cells or
related mechanical equipment, it must be documented as to the necessity.
The building may not exceed 120 square feet in area nor eight feet
in height and must be located at least the number of feet equal to
the accessory building setback requirements of the zoning district
from any property line. Any mechanical equipment associated with and
necessary for operation, including any building or cabinet for batteries
and storage cells, shall be equipped with a lock, and a small sign
shall be posted on the outside of the building or cabinet notifying
of the existence of solar energy system batteries and storage cells
in order to notify emergency personnel.
(3)
A solar energy system shall not add, contribute to or be calculated
to cause an increase in the requirements for building coverage of
all buildings and/or the maximum lot impervious surface(s) coverage
of any lot, parcel and/or property.
(4)
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 Mantua 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 Mantua, 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.
(5)
Utility company notification. The Atlantic City Electric Company,
its successors and assigns, and/or those designated by state authority
shall be notified in writing of any proposed interface with that company's
grid prior to installing such interface and shall conform to any legislated
requirements governing installations of solar energy conversion systems
so as to comply with the utility tariff specifications. A copy of
said notification shall be submitted at time of application.
A.
Permit. A zoning and building permit shall be required for the installation
of a solar energy system. An owner shall submit an application for
a zoning permit to the Administrator. A building permit shall be applied
for at the Mantua Township Construction Office, as a separate application.
B.
Documents.
(1)
The zoning and building permit application shall be accompanied
by a sketch plan or survey which shall accurately depict the proposed
solar energy system and shall include the following:
(a)
Property lines and physical dimensions of the property;
(b)
The location, dimension (including height) and types of existing
major structures on the property;
(c)
The location, dimension, and type of the proposed energy system;
(d)
The right-of-way of any public road that is contiguous with
the property;
(e)
Any overhead utility lines;
(f)
The manufacturer's solar energy system specification/cut sheets
certified by a licensed New Jersey engineer, including manufacturer
and model;
(g)
Notification of the utility company for interconnection purposes.
(h)
The locations of landmark and specimen trees.
(2)
The documents and plans shall contain enough information and
accurately depict the installation of the solar energy system for
the Township of Mantua to make a formal decision on the application.
The amount of information and accuracy of information shall be in
the sole judgment of the Administrator and/or Mantua Township Construction
Office.
C.
Fees. The application for a zoning permit for a solar energy system
must be accompanied by a fee of $100. Building permit fees shall be
set by the Mantua Township Committee.
F.
If the zoning permit application is approved, the Administrator will
return one signed copy of the application with the zoning permit and
retain the other copy with the application.
G.
If the zoning permit application is rejected, the Administrator will
notify the applicant in writing and provide a written statement of
the reason why the application was rejected. The applicant may appeal
the Administrator's decision pursuant to the appropriate appeal authority.
The applicant may reapply if the deficiencies specified by the Administrator
are resolved. Denials by the Administrator shall be directed to the
Zoning Board by variance application consistent with the Municipal
Land Use Law.[2]
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
H.
Applications for applicable permits from the Mantua Township Construction
Office shall follow the applicable time limits and procedures of the
Mantua Township Construction Office.
A.
This article shall be administered by the Administrator or other
Township of Mantua official, as designated.
B.
The Administrator may enter any property for which a permit has been
applied for and/or issued under this article to conduct an inspection
to determine whether the conditions stated in the permit have been
met.
C.
At the discretion of the Administrator and/or the Mantua Township
Construction Office from which a zoning, building and/or electrical
permit was obtained, as applicable, the Township reserves the right
to require the applicant to obtain and submit an as-built survey upon
completion of the solar energy system, evidencing the exact location
and height of the structures to ensure said installation is made in
accordance with the requirements of the Township of Mantua.
D.
The Administrator may issue orders to abate any violation of this
article. The Administrator may issue a citation for any violation
of this article.
E.
The Administrator may refer any violation of this article to Township
of Mantua legal counsel for enforcement.
A.
It is unlawful for any person to construct, install, or operate a
solar energy system that is not in compliance with this article.
B.
Solar energy systems installed prior to the adoption of this article
are exempt from the requirements of this article.
C.
Any person who fails to comply with any provision of this article
shall be subject to enforcement and penalties as stipulated in this
chapter and article.
D.
Nothing in this section shall be construed to prevent the Township
Committee and/or administrative officers of the Township of Mantua
from using any other lawful means to enforce this article.
All ordinances or parts of ordinances inconsistent with the
provisions adopted by this article are hereby repealed; provided,
however, that such repeal shall only be to the extent of such inconsistency,
and any valid legislation of the Township Committee of the Township
of Mantua which is not in conflict with the provisions of this article
shall be deemed to remain in full force and effect.
This article shall take effect 30 days after final passage by
the Township Committee or 20 days after approval by the Mayor, whichever
comes first.
