[Added 9-19-2011 by Ord. No. 17-2011]
A.
This article is for the purpose of promoting the safe, effective
and efficient use of small wind energy systems and solar energy systems
to reduce the on-site consumption of utility-supplied electricity.
B.
The Township of Greenwich finds that:
(1)
Wind and solar energy are abundant, renewable, and nonpolluting
energy resources;
(2)
Converting wind and solar energy to electricity will reduce
our dependence on nonrenewable energy resources, and decrease the
air and water pollution that results from the use of conventional
energy sources;
(3)
Distributed small wind and solar energy systems will also enhance
the reliability and power quality of the power grid, reduce peak power
demands, and help diversify the state's energy supply portfolio;
(4)
Small wind and solar energy systems make the electricity supply
market more competitive by promoting customer choice;
(5)
A wind and solar energy system will 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, although
this provision shall not be interpreted to prohibit the sale of excess
power generated from time to time from wind or solar energy system
designed to meet the energy needs of the principal use. For the purposes
of this subsection, the sale of excess power shall be limited so that
in no event an energy system is generating more energy for sale than
what is otherwise necessary to power the principal use on the property;
(6)
Wind and solar energy systems shall only be permitted as an
accessory use on the same lot or on an adjacent lot owned by the same
owner as the principal use.
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; also, such a system shall be for one
main building and its accessory buildings only. For systems intended
for uses other than the ones stated, the Planning Board approval shall
be required. Said approval shall cover the location of the system
(shown on a survey of the property).
[1]
Editor's Note: As further provided by Ord. No. 17, 2011, a
complete copy of which is on file in the Township offices, this article
was adopted upon recommendation of the Planning/Zoning Board and with
changes and recommendations from the Construction Code Official and
the Professional Engineer.
A.
New Jersey's Renewable Portfolio Standards (RPS) require each supplier/provider,
as defined at N.J.A.C. 14:8-1.2, that sells electricity to retail
customers in New Jersey to provide a percentage of their retail electricity
sales from renewable energy sources, beginning at 3.5% in 2004 and
increasing to 22.5% by 2021; and
B.
Existing local zoning regulations do not address wind or solar power,
which, while not intended to discourage the installation of small
wind turbines or solar panels, can substantially increase the time
and costs required to obtain necessary local land-use permits; and
C.
All energy systems require approval from the Zoning Officer and Construction
Office 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 a variance.
There is hereby established "The Small Wind Energy System and
Solar Energy Ordinance" to standardize and streamline the requirements
for small wind and solar energy systems so that this clean, renewable
energy resource can be utilized in a cost-effective and timely manner
in the Township of Greenwich.
As used in this article, the following terms shall have the
meanings indicated:
The Greenwich Township Zoning Officer.
The Greenwich Township or other authority having jurisdiction.
Equipment that converts energy from the wind and solar into
electricity. This term includes all associated mechanical and electrical
conversion components necessary to generate, store and/or transfer
energy.
A structure designed to support the gathering of wind energy
resource data, and includes the tower, base plate, anchors, guy cables
and hardware, anemometers (wind speed indicators), 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 resource at a given location.
The individual or entity that intends to own and operate
the small wind energy system in accordance with this article.
The cross-sectional dimension of the circle swept by the
rotating blades of a wind-powered energy generator.
A wind energy system, as defined in this section, that:
A solar generator and all associated equipment, including
any base, foundation, structural support, wire, batteries or other
components necessary to fully utilize the solar generator.
In relation to a wind energy system, the vertical distance
from the ground to the tip of a wind generator blade when the tip
is at its highest point.
A monopole, freestanding, or guyed structure that supports
a wind generator.
A wind generator and all associated equipment, including
any base, blade, foundation, nacelle, rotor, tower transformer, vane,
wire, inverter, batteries or other component necessary to fully utilize
the wind generator.
A.
A small wind energy system shall be a permitted use in all zones,
as an "accessory structure," subject to the following requirements:
(1)
Minimum lot size: one-half acre, provided the lot size conforms
to the height requirements below.
(2)
Minimum setbacks. For lots between 1/2 acre and three acres,
wind turbines shall be set back from all property lines a distance
equal to 100% of the height of the structure including the blades.
For lots larger than three acres, wind turbines shall be set back
from all property lines a distance equal to 100% of the height of
the structure including the blades. No portion of the wind generator
shall extend beyond any overhead utility lines, unless written permission
is granted by the utility that owns and/or controls the lines.
(3)
Wind turbines shall not be permitted in any front yard.
(4)
Maximum height. Freestanding wind turbines shall not exceed
a height of 50 feet on one-half-acre lots and 80 feet on lots between
one acre and three acres. On lots of three acres or more, a maximum
height of 150 feet is permitted. The maximum height shall include
the height of the blades at its highest point.
(5)
No more than one wind turbine shall be permitted per property.
(6)
Wind turbines shall not be permitted as a rooftop installation.
(7)
Wind turbines on residential properties shall have a nameplate
capacity of 100 kilowatts or less.
(8)
Noise. All wind energy systems shall comply with the following:
(a)
Between any use or zone, sound levels of the wind energy system
shall not exceed 30 dBA at a common property line or 30 dBA to the
closest occupied structure, whichever is most restrictive.
(b)
These levels may be exceeded during short-term events such as
utility outages and/or severe windstorms.
(c)
Wind turbines shall be designed with an automatic brake or other
similar device to prevent overspeeding and excessive pressure on the
tower structure.
(9)
Wind energy systems shall not be artificially lighted, except
to the extent required by the FAA or other applicable authority.
(10)
All ground-mounted electrical and control equipment shall be
labeled and secured to prevent unauthorized access.
(11)
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 15 feet above the ground.
(12)
All moving parts of the wind energy system shall be a minimum
of 20 feet above ground level.
(13)
The blades on the wind energy system shall be constructed of
a corrosive-resistant material.
(14)
All guy wires or any part of the wind energy system shall be
located on the same lot as the energy system.
B.
Solar energy systems.
(1)
Solar panels shall be permitted as a rooftop installation in
any zoning district. 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 in which they are located
for the principal building. Exposed hardware, supporting structures,
frames and piping shall be finished in nonreflective surfaces and,
if mounted, compatible with the color scheme of the roof.
(2)
Solar panels shall be permitted as ground arrays in accordance
with the following:
(a)
All ground arrays shall be set back a distance of 20 feet from
all property lines in a residential zoning district or in conformance
with the bulk standards for accessory structures in commercial districts
as provided herein.
(b)
Ground arrays shall not be permitted in a front yard.
(c)
Ground arrays shall be located so that any glare is directed
away from an adjoining property.
(d)
Ground arrays shall not exceed a height of 10 feet.
(e)
Exposed hardware, supporting structures, frames and piping shall
be finished in nonreflective surfaces.
C.
Wind and solar energy systems shall not be used for displaying any
advertising except for reasonable identification of the manufacturer
or operator of the system. In no case shall any identification be
visible from a property line.
D.
The design of wind or 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.
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, unless a different color or finish is
approved by the Administrator.
F.
All applications for a wind or solar energy system shall conform
to any landscaping requirements of the Greenwich Township Ordinances.
Any trees and/or shrubs to be removed to accommodate the installation
of a wind or solar energy system shall be accompanied by a plan demonstrating
the need to remove the trees and replacement of the trees. An applicant
shall locate a wind or solar energy system so that tree removal is
not required to the extent practical.
G.
The installation of a wind or solar energy system shall conform to
the National Electric Code as adopted by the New Jersey Department
of Community Affairs.
H.
The installation of a wind or solar energy system is subject to all
utility provider (for that area) requirements for interconnection.
I.
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.
J.
Utility notifications and interconnection. Small wind energy and
solar systems that connect 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.
K.
Met towers. A met tower shall be permitted under the same standards,
permit requirements, restoration requirements and permit procedures
as a small wind energy system.
L.
Standards for and regulation of small wind energy systems.
(1)
Construction. Tower construction shall be in accordance with
the appropriate sections of the Basic Building Code as adopted by
the State of New Jersey, and any future amendments and/or revisions
to same.
(2)
Electromagnetic interference (EMI). Wind energy conversion system
generators and alternators shall be filtered and/or shielded so as
to prevent the emission of radio frequency energy which would cause
any harmful interference with radio, television broadcasting or reception,
telephone and/or wireless telecommunications and shall comply with
the provisions of Title 47 of the Federal Code of Regulations, Part
15, and subsequent revisions governing said emissions.
(3)
The structural design shall be signed and sealed by a professional
engineer, registered 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. The
support tower shall be designed to survive a wind of 120 miles per
hour with a three-second one-hundred-forty-mile-per-hour gust.
(a)
The design calculations shall include a soil boring at the tower
location and a soils analysis. If the soils of the site are not satisfactory
for the intended construction, the plans shall be designed to eliminate
or overcome the poor soils conditions.
(b)
Labeling requirements. A minimum of one sign shall be posted
near ground level on the tower structure warning of high voltage.
In addition, the following information shall be posted on a label
or labels on the generator or alternator of the small wind energy
system:
(4)
Utility company notification. The utility company for the area
in question 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
wind energy conversion systems so as to comply with the utility tariff
specifications.
(5)
Safety. The wind energy conversion system manufacturers shall
document that the wind energy conversion system model has operated
safely in atmospheric conditions for a period of not less than three
months and has provided energy not less than the equivalent of 25%
of its predicted annual energy output under a twelve-mile-per-hour
annual wind regime.
A.
All electric lines/utility wires shall be buried underground.
B.
Any mechanical equipment associated with and necessary for operation,
including a building for batteries and storage cells, shall be enclosed
with a six-foot high fence. The supporting tower shall also be enclosed
with a six-foot high fence unless the base of the tower is not climbable
for a distance of 12 feet.
C.
When a building is necessary for storage cells or related mechanical
equipment, the building may not exceed 140 square feet in area nor
eight feet in height and must be located at least the number of feet
equal to the height of the tower from any property line.
A.
A small wind energy system or ground array(s) solar energy system
that is out of service for a continuous twelve-month period will be
deemed to have been abandoned.
B.
The Administrator may issue a notice of abandonment to the owner
of a small wind energy or ground array solar 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 small wind
energy or ground array solar energy system has not been abandoned,
the Administrator shall withdraw the notice of abandonment and notify
the owner that the notice has been withdrawn.
E.
If the Administrator determines that the small wind energy or ground
array solar energy system has been abandoned, the owner of the energy
system shall remove the facility in its entirety at the owner's sole
expense within six months after the owner received the notice of abandonment.
F.
When an owner of a wind or solar energy system has been notified
to remove same and has not done so six months after receiving said
notice, then the Administrator may remove such system and place a
lien upon the property for the cost of the removal. If removed by
the owner, a demolition permit shall be obtained and the facility
shall be removed. Upon removal, the site shall be cleaned, restored
and revegetated to blend with the existing surrounding vegetation
at the time of abandonment.
A.
Permit. A zoning permit shall be required for the installation of
a small wind energy and/or solar energy system.
B.
An owner shall submit an application to the Zoning Administrator
for a zoning permit for a small wind energy and/or solar energy system.
C.
Documents. The zoning permit application shall be accompanied by
a plot plan which includes the following:
(1)
Property lines and physical dimensions of the property;
(2)
Location, dimension, and types of existing major structures
on the property;
(3)
Location, dimension, and type of the proposed energy system;
(4)
The right-of-way of any public road that is contiguous with
the property;
(5)
Any overhead utility lines; and
(6)
Small wind energy system specification, including manufacturer
and model, rotor diameter, tower height, tower type (freestanding
or guyed).
A.
The Zoning Administrator shall issue a permit or deny the application
within one month as consistent with Municipal Land Use Law of the
date on which the application is received.
B.
If the application is approved, the Zoning Administrator will return
one signed copy of the application with the zoning permit and retain
the other copy with the application.
C.
If the application is rejected, the Zoning 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 Zoning
Administrator's decision pursuant to the Greenwich Township Combined
Planning/Zoning Board. The applicant may reapply if the deficiencies
specified by the Zoning Administrator are resolved.
A.
It is unlawful for any person to construct, install, or operate a
small wind and/or solar energy system that is not in compliance with
this article.
B.
Small wind and/or solar energy systems installed prior to the adoption
of this article are exempt from the requirements of this article,
except for the provisions regarding abandonment.
A.
This article shall be administered by the Administrator or other
official as designated.
B.
The Administrator may enter any property for which a permit has been
issued under this article to conduct an inspection to determine whether
the conditions stated in the permit have been met.
C.
The Administrator may issue orders to abate any violation of this
article.
D.
The Administrator may issue a citation for any violation of this
article.
E.
The Administrator may refer any violation of this article to legal
counsel for enforcement.
A.
Any person who fails to comply with any provision of this article
shall be subject to enforcement and penalties as stipulated in the
chapter and section of the appropriate Zoning Code.
B.
Nothing in this article shall be construed to prevent the Mayor and
Council of Greenwich Township from using any other lawful means to
enforce this article.
