[HISTORY: Adopted by the Common Council of the City of Linwood 10-13-2010 by Ord. No.
13-2010; amended in its entirety 9-25-2013 by Ord. No. 17-2013. Subsequent amendments noted where applicable.]
This chapter may be referred to as the "Renewable Energy Systems
Ordinance."
This chapter is adopted pursuant to the authority of the Common
Council of the City of Linwood.
It is the purpose of this regulation to promote the safe, effective
and efficient use of small wind, solar, and other renewable energy
systems installed to reduce the on-site consumption of utility-supplied
electricity. In addition, these regulations are designed to consider
aesthetics in the use, placement and design of renewable energy systems.
As used in this chapter, the following terms shall have the
meanings indicated:
The potential fall area for the small wind energy system.
It is measured by using 110% of the total height as the radius around
the center point of the base of the tower.
A structure designed to support the gathering of wind energy
resources data, and includes the tower, base plate, anchors, guide
wires and hardware, anemometers, wind direction vanes, booms to hold
equipment anemometers and vanes, data logger, instrument wiring, and
any telemetry devices that are used to monitor or transmit wind speed
and wind flow characteristics over a period of time for either instantaneous
wind information or to characterize the wind resources at a given
location.
The individual or entity that intends to own and operate
the renewable energy system in accordance with this chapter.
Any structure or installation, such as a small wind energy
system, solar-collecting array, or geothermal system, which is designed
and intended to produce energy from natural forces such as wind, sunlight
or geothermal heat.
The cross-sectional dimension of the circle swept by the
rotating blades of the wind powered energy generator.
The outline created on the surrounding area by the sun shining
on the small wind energy system.
A wind generator and all associated equipment, including
the base, blade, foundation, nacelle, rotor, tower, transformer, vane,
wire, inverter, batteries or other component necessary to fully utilize
the wind generator which is used to generate electricity, that:
An accessory to the main structure and/or use which comprises
of a combination of solar collector(s) and ancillary solar equipment
used to generate electricity primarily for consumption on the property
on which the system is located, or where multiple consumers or exceptional
circumstances exist, on an adjoining property.
The vertical distance from the ground to the tip of the wind
generator blade when the tip is at its highest point.
A monopole, freestanding, or guyed structure that supports
a wind generator.
The equipment that converts energy from the wind into electricity.
This term includes the rotor, blades and associated mechanical and
electrical conversion components necessary to generate, store and/or
transfer energy.
A renewable energy system shall be erected, constructed or permitted
only if it complies with the following requirements:
A.
A renewable energy system shall not be the principal use on the site.
B.
Economic benefit for wind energy systems. The applicant shall demonstrate
through a cost/benefit analysis that the project is economically feasible
and sustainable.
C.
Location; setbacks; height.
(1)
A renewable energy system, except for roof-mounted solar-collecting
arrays, must meet the setback requirements for principal structures
for the zoning district in which the system is located.
[Amended 2-24-2021 by Ord. No. 3-2021]
(2)
Solar energy systems are only permitted on the roof of the principal
structure. The solar panels shall not exceed a height of eight inches
from the rooftop. In no event shall the placement of the solar panels
result in a total height including building and panels than what is
permitted in the zoning district which they are located for the principal
building.
[Amended 2-24-2021 by Ord. No. 3-2021]
(3)
In the case of a flat roof, solar panels may extend up to 10 feet
above the roofline (so they can be angled to maximize production),
shall not be visible from the street, and shall comply with the maximum
height limit of the zoning district.
(4)
A wind tower for a small wind energy system shall be set back a distance
equal to the fall zone from:
(a)
Any public right-of-way, unless written permission is granted
by the government entity with jurisdiction over the road right-of-way.
(b)
Any overhead utility lines.
(c)
All property lines.
(d)
All travelways, to include but not limited to driveways, parking
lots or sidewalks.
(e)
The setback shall be measured from the center of the tower's base.
(f)
Guy wires used to support the tower are exempt from the small wind
energy setback requirements.
D.
Renewable energy systems shall be designed to blend into the architecture
of the building to the extent possible. Solar roof shingles and all
exterior plumbing and electrical lines must be painted and/or coated
to match the color of the adjacent walls and/or roofing material.
All visible exterior plumbing and electrical lines must not be installed
in any portion of the front of the property. Aluminum trim, if used
and visible, should be anodized or otherwise color-treated to blend
into the surroundings.
E.
Clearing. Clearing of natural vegetation shall be limited to that
which is necessary for the construction, operation and maintenance
of the renewable energy system and as otherwise prescribed by applicable
law.
F.
Signs. There shall be no signs that are visible from any public road
posted on a small wind generator system or any associated building,
except for the manufacturer's or installer's identification, appropriate
warning signs or owner identification.
G.
Utility
notification and interconnection. The small wind energy system that
connects to the electric utility shall comply with the New Jersey's
Net Metering and Interconnection Standards for Class I Renewable Energy
Systems at N.J.A.C. 14:4-9.
H.
Additional Standards for Wind Turbines:
(1)
Wind turbines may only be attached to freestanding or guy-wired monopole
towers. Lattice towers are explicitly prohibited.
(2)
The tower height shall not exceed 150 feet.
(3)
The applicant shall provide evidence that the proposed tower height
does not exceed the height recommended by the manufacturer of the
wind turbine.
(4)
Sound level. The small wind energy system shall not exceed 50 decibels
using the A scale (dBA), as measured at the property line, except
during short-term events such as severe windstorms and utility outages.
(5)
Shadowing/flickers. Small wind energy systems shall be sited in a
manner that does not result in significant shadowing or flicker impacts.
The applicant has the burden of proving that this effect does not
have significant adverse impact on neighboring or adjacent uses either
through siting or mitigation.
(6)
All ground-mounted electrical and control equipment shall be labeled
and secured to prevent unauthorized access.
(7)
The tower shall be designed and installed so as not to provide step
bolts, a ladder, or other publicly accessible means of climbing the
tower, for a minimum height of eight feet above the ground.
(8)
Lighting. A small wind energy system shall not be artificially lighted
unless such lighting is required by the Federal Aviation Administration.
(9)
Visual impacts. It is inherent that small wind energy systems may
pose some visual impacts due to the tower height needed to access
the wind resources. The purpose of this section is to reduce the visual
impacts without restricting the owner's access to the wind resources.
(a)
The applicant shall demonstrate that through the project site planning
that the small wind energy system's visual impacts will be minimized
for surrounding neighbors and the community. This may include, but
not be limited to, information regarding site selection, turbine design
or appearance, buffering, and screening of ground-mounted electrical
and control equipment. All electrical conduits shall be underground.
(b)
Appearance, color and finish. The wind generator and the tower shall
remain painted or finished in the color or finish that was originally
applied by the manufacturer's or installer's identification, unless
a different color of finish is approved in the zoning approval.
(10)
Aviation. The small wind energy system shall be built to comply
with all applicable Federal Aviation Administration and state regulations.
(11)
Met tower. A met tower shall be permitted under the same standards,
permit requirements, restoration requirements and permit procedures
as a small wind energy system. Met towers shall be permitted on a
temporary basis not to exceed three years.
A.
Permit. A zoning permit shall be required for the installation of
a renewable energy system.
B.
Documents. The zoning permit application shall be accompanied by
a plot plan prepared by a licensed New Jersey surveyor which includes
the following:
(1)
Property lines and physical dimensions of the property;
(2)
Location, dimensions and types of existing structures on the property;
(3)
Location of the proposed renewable energy system and all associated
equipment;
(4)
The setback requirements as outlined in this chapter;
(5)
The right-of-way of any public road that is contiguous with the property;
(6)
Any overhead utility lines;
(7)
Renewable energy system specifications, including manufacturer and
model, and the manufacturer's specification sheet in sufficient detail
to allow for a determination that the manner of installation conforms
to the National Electric Code;
(8)
Sound level analysis prepared by the wind turbine manufacturer or
qualified engineer;
(9)
Evidence of compliance or nonapplicability with Federal Aviation
Administration requirements;
(10)
The application shall meet all the requirements of a building
permit, include standard drawings and an engineering analysis, and
certification by a professional mechanical, structural or civil engineer
as required by the Construction Official;
(11)
For a small wind energy system, tower foundation and tower blueprints
or drawings. The foundation shall be signed and sealed by a professional
engineer, registered in the State of New Jersey, certifying that the
foundation complies with all of the standards set forth for safety
and stability in all applicable codes in effect in the State of New
Jersey;
(12)
Estimated costs of physically removing the renewable energy
system to comply with surety standards;
(13)
The applicant must post a surety of the approved cost estimate
and an escrow in an amount equal to 5% of the cost estimate for engineering
inspections.
C.
Fees. The application for a zoning permit for a renewable energy
system must be accompanied by the fee required.
A.
A renewable energy system that is out of service for a continuous
twelve-month period will be deemed abandoned.
B.
The Zoning Officer may issue a notice of abandonment to the owner
of a renewable energy system that is deemed to have been abandoned.
The notice shall be sent return receipt requested.
C.
The owner shall have the right to respond to the notice of abandonment
within 30 days from notice receipt date.
D.
If the owner provides information that demonstrates the renewable
energy system has not been abandoned, the Zoning Officer shall withdraw
the notice of abandonment and notify the owner that the notice has
been withdrawn.
E.
If the Zoning Officer determines that the renewable energy system
has been abandoned, the owner of the renewable energy system shall
remove the system at the owner's sole expense within three months
after the owner receives the notice of abandonment.
F.
If the owner fails to remove the renewable energy system in the time allowed under Subsection E above, the Zoning Officer may pursue legal action to have it removed at the owner's expense, or if the Zoning Officer facilitates the removal, all costs, fees and interest shall be payable by the owner and shall be a lien on the property until satisfied.
A.
It is unlawful for any person to construct, install, or operate a
renewable energy system that is not in compliance with this chapter.
A.
This chapter shall be administered by the Zoning Administrator or
other official as designated.
B.
The Zoning Officer may enter any property for which a permit has
been issued under this chapter to conduct inspections to determine
whether the conditions stated in the permit have been met.
C.
The Zoning Officer may issue orders to abate any violation of this
chapter, may issue a citation for any violations and may refer any
violations of this chapter to legal counsel for enforcement.
A.
Any person adjudged guilty of a violation of the provisions of this
chapter shall, upon conviction thereof, be punished by a fine not
exceeding $1,500 at the discretion of the Municipal Judge of the City
of Linwood.
B.
Nothing in this section shall be construed to prevent the City of
Linwood from requiring abatement and using any other lawful mean to
enforce this chapter.
