Borough of Lindenwold, NJ Article XXVI Sustainable Energy

[Added 12-29-2010 by Ord. No. 1282]

§ 365-142 Solar panels and solar devices.

A. Definitions. As used in this section, the following terms shall have the meanings indicated:

SOLAR DEVICE

Solar membranes, solar shingles, solar in glass, non-PV technology, solar hot water systems and similar solar technology.

SOLAR PANEL

An electrical device consisting of an array of connected solar cells which converts solar energy into electricity or hot water/liquid for space heating or domestic hot water production. Also referred to as "photovoltaic (PV) panel" or "solar array."

B. General regulations and standards. An application for a development permit to install a solar panel or solar device will be reviewed under the following requirements:

(1) Solar panels and solar devices are permitted as an accessory use in all zoning districts. Accessory solar panels consume energy on site.

(2) Solar energy commercial operations are prohibited as a principal use in all zoning districts. These are systems whose main purpose is to generate energy back into the energy grid system, rather than being consumed on site.

(3) The applicant shall provide proof that it has met any and all New Jersey Board of Public Utility Commissioners' guidelines in connection with the solar energy system proposed.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(4) All rooftop-mounted solar panels and solar devices shall run closely parallel to the original roofline and shall not exceed three feet above the roofline of either a principal or accessory building. In no instance shall any part of the system extend beyond the edge of the roof.

(5) New structures are encouraged to include building integrated solar panels and other solar devices into the initial design, rather than as a later addition.

(6) Detached arrays of solar panels and solar devices (ground-mounted systems) shall be located as follows:

(a) Ground-mounted systems may be located in the rear or side yard, at the principal building setback required from the property line in that zone.

(b) Ground-mounted systems are prohibited in front yards and shall not be located past the front wall of the principal building.

(c) All solar energy systems which are permitted as ground arrays or solar farms shall be located so that any reflection is directed away from or is properly buffered from an adjoining property. Buffering shall be per § 365-92.

(7) Ground-mounted solar energy systems shall not be categorized as accessory buildings.

(8) The height of ground-mounted solar energy systems shall not exceed 12 feet from the ground surface to the top of the solar energy system.

(9) No more than 20% of a lot may be covered with a ground-mounted solar energy system.

(10) General requirements. All solar energy systems shall comply with following:

(a) A structural report shall be provided for the design of the solar panel systems, signed and sealed by a licensed New Jersey professional engineer based on current industry and the International Building Code. Any roof reinforcement that is required must be submitted to and approved by the Borough Construction Office prior to installation.

(b) All ground-mounted electrical or control equipment shall be labeled and secured to prevent unauthorized access.

(c) 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 the property line.

(d) The design of the solar energy system shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the facility into the natural setting and existing environment.

(e) Applications for a solar energy system shall conform to all provisions of this chapter.

(f) The installation of the solar energy system shall conform to the National Electric Code and utility company requirements for interconnection.

C. Abandonment.

(1) All solar energy systems that are out of service for a continuous twelve-month period will be deemed to have been abandoned.

(2) The Building Inspector may issue a notice of abandonment to the owner. The notice shall be sent via regular and certified mail, return receipt requested, to the owner of record.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(3) Any abandoned system shall be removed at the owner's sole expense within six months after the owner receives the notice of abandonment from the Borough. If the system is not removed within six months of the receipt of the notice from the Borough, the Borough may remove the system under the conditions set forth below.

(4) When an owner of a solar energy system has been notified to remove the same and has not done so six months after receiving said notice, then the Borough may remove such system and place a lien upon the property for the cost of removal. If removed by the owner, a demolition permit shall be obtained and the facility completely removed. Upon removal, the site shall be cleaned, restored and revegetated to blend with the existing surrounding vegetation at the time of abandonment.

D. Administration and enforcement.[3]

(1) This section shall be administered by the Building Inspector or other official as designated.

(2) The Building Inspector may:

(a) Enter any property for which a permit has been issued under this section to conduct an inspection to determine whether the conditions stated in the permit have been met.

(b) Issue orders to abate any violation of this section.

(c) Issue a citation for any violation of this section.

(d) Refer any violation of this section to legal counsel for enforcement.

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

E. Penalties.[4]

(1) Any person who fails to comply with any provision of this section shall be subject to enforcement and penalties as stipulated in Article XXIV of this chapter.

(2) Nothing in this section shall be construed to prevent the governing body from using any other lawful means to enforce this section.

[4] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

F. The Borough hereby finds, determines and declares that this section is necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the order, comfort and convenience of the Borough of Lindenwold and the inhabitants thereof.

§ 365-143 Wind energy.

[Added 12-29-2010 by Ord. No. 1283]

A. Definitions. As used in this section, the following terms shall have the meanings indicated:

OWNER

The individual or entity that intends to own and operate the small wind energy system in accordance with this section.

SMALL WIND ENERGY SYSTEM

A wind energy system, as defined herein, that is used to generate electricity and has a nameplate capacity equal to or less than 100 kilowatts and is not supported by a tower structure.

TOTAL HEIGHT

In relation to a wind energy system, total height is the vertical distance from the ground to the tip of a wind generator blade when the tip is at its highest point.

TOWER

A monopole, freestanding or guyed structure that supports a wind generator.

WIND ENERGY SYSTEM

A wind turbine and all associated equipment, including base, blade, foundation, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries, or other components necessary to fully utilize the wind generator.

WIND TURBINE

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 transfer energy.

B. General regulations and standards. An application for a development permit to install a wind energy system will be reviewed under the following requirements:

(1) Wind energy systems are permitted as an accessory use in all zoning districts.

(2) Wind energy commercial operations are prohibited as a principal use in all zoning districts. These are systems whose main purpose is to generate energy back into the energy grid system, rather than being consumed on site. The primary purpose of the wind energy system will be to provide power for the principal use of the property whereon the system is located. The sale of excess power is prohibited.

(3) Small wind energy systems, located in residential zoning districts, shall meet the following:

(a) Wind turbines are not permitted in front yards.

(b) Wind turbines shall be set back from all property lines a distance equal to 100% of the height of the structure including the blades.

(c) Wind turbine towers shall not exceed a total height from ground level to the highest point of the structure of 80 feet on lots less than three acres. On lots of three acres or more, a maximum total height of 150 feet from ground level to the highest point of the structure is permitted. The maximum total height shall include the height of the entire system at its highest point.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(d) Rooftop-mounted wind energy systems shall not exceed a maximum height of 15 feet above the roof elevation. The maximum height shall include the height of the entire system from the roof elevation at the mounting location to the highest point including blade tips.

(e) A maximum of one wind turbine tower is permitted per property.

(f) Wind turbines on residential properties shall have a maximum nameplate capacity of 100 kilowatts.

(4) Small wind energy systems located in nonresidential zoning districts shall meet the following:

(a) Wind turbines are not permitted in front yards.

(b) Wind turbines shall be set back from all property lines a distance equal to 100% of the height of the structure including the blades. The maximum height shall include the height of the entire system at its highest point.

(c) Rooftop-mounted wind energy systems shall not exceed a maximum height of 20 feet above the roof elevation. The maximum height shall include the height of the entire system from the roof elevation at the mounting location to the highest point including blade tips.

(d) A maximum of one wind turbine tower per acre is permitted per property.

(5) Noise. All wind energy systems shall comply with following:

(a) Sound levels of the wind energy system shall not exceed 55 dba at an adjoining residential property line or 50 dba at the closest residential structure.

(b) Sound levels of the wind energy system shall not exceed 65 dba at an adjoining nonresidential property line.

(6) General requirements. All wind energy systems shall comply with following:

(a) A structural report shall be provided for the design of both tower-mounted and rooftop-mounted wind energy systems, signed and sealed by a licensed New Jersey professional engineer, based on current industry and the International Building Code. For a rooftop-mounted system, the structural report should include, but not be limited to, wind turbulence, vibration and structural capacity of the roof. Any roof reinforcement that is required must be submitted to and approved by the Borough Construction Office prior to installation.

(b) Wind energy systems must include a design for bird protection.

(c) Wind turbines shall be designed with an automatic brake or other similar device to prevent over-speeding and excessive pressure on the tower structure.

(d) Wind energy systems shall not be artificially lit, except to the extent as required by the FAA or other applicable authority.

(e) All ground-mounted electrical or control equipment shall be labeled and secured to prevent unauthorized access.

(f) Any wind tower with a height greater than eight feet shall be designed and installed so as not to provide step bolts, a ladder or other publicly accessible means for climbing the tower.

(g) All moving parts of the wind energy system shall be a minimum of 10 feet above ground level.

(h) The blades on the wind energy system shall be constructed of a corrosive-resistant material.

(i) All guy wires or any part of the wind energy system shall be located on the same lot as the energy system.

(j) Wind 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 the property line.

(k) The design of the wind energy system shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the facility into the natural setting and existing environment.

(l) Applications for a wind energy system shall conform to all provisions of the current ordinance.

(m) The installation of the wind energy system shall conform to the National Electric Code and utility company requirements for interconnection.

(n) Wind energy systems shall not extend into overhead utility lines or aerial easements for the same, unless written permission is granted by the utility company or entity that owns/controls the lines.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(7) Documentation.

(a) Small energy system.

[1] A wind energy system meeting the definition of a small energy system in this section shall submit an application to the Borough Construction Office for a small wind energy permit accompanied by a plot plan which includes the following

[a] Property lines and physical dimensions of the property;

[b] Location, dimensions and types of existing major structures on the property;

[c] Location of the proposed small wind energy system tower or rooftop-mounted system;

[d] The right-of-way of any public road that is contiguous with the property;

[e] Any overhead utility lines; and

[f] Small wind energy system specifications, including manufacturer and model, rotor diameter, tower height, and tower type (freestanding or guyed).

[2] The application for a permit for a small wind energy system must be accompanied by the fee required in Chapter 150, Fees, Article I, Fee Schedule.

[3] A permit issued for a small energy system pursuant to this section shall expire if:

[a] The small wind energy system is not installed and functioning within 12 months from the date the permit is issued; or

[b] The small wind energy system is out of service or otherwise unused for a continuous twelve-month period.[3]

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

[4] Violations.

[a] It is unlawful for any person to construct, install, or operate a small wind energy system that is not in compliance with this section.

[b] Small wind energy systems installed prior to the adoption of this section are exempt from the requirements of this section, except for the provisions regarding abandonment.

(b) Wind energy system other than small wind energy. Any wind energy system not meeting the definition of a small energy system shall submit a site plan application to the Lindenwold Joint Land Use Board per Chapter 190, Land Use and Development. The jurisdiction of the application and the determination as a minor or major site plan will depend on the specifics of the wind energy application.

[Amended 12-12-2012 by Ord. No. 1331]

C. Abandonment.

(1) All wind energy systems that are out of service for a continuous twelve-month period will be deemed to have been abandoned.

(2) The Zoning Officer may issue a notice of abandonment to the owner. The notice shall be sent via regular and certified mail, return receipt requested, to the owner of record.

(3) Any abandoned system shall be removed at the owner's sole expense within six months after the owner receives the notice of abandonment from the municipality. If the system is not removed within six months of the receipt of the notice from the Borough, the Borough may remove the system under the conditions set forth below.

(4) When an owner of a wind energy system has been notified to remove the same and has not done so six months after receiving said notice, then the Borough may remove such system and place a lien upon the property for the cost of removal. If removed by the owner, a demolition permit shall be obtained and the facility completely removed. Upon removal, the site shall be cleaned, restored and revegetated to blend with the existing surrounding vegetation at the time of abandonment.

D. Administration and enforcement.[4]

(1) This section shall be administered by the Building Inspector or other official, as designated.

(2) The Building Inspector may:

(a) Enter any property for which a permit has been issued under this section to conduct an inspection to determine whether the conditions stated in the permit have been met.

(b) Issue orders to abate any violation of this section.

(c) Issue a citation for any violation of this section.

(d) Refer any violation of this section to legal counsel for enforcement.

[4] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

E. Penalties.[5]

(1) Any person who fails to comply with any provision of this section shall be subject to enforcement and penalties as stipulated in Article XXIV of this chapter.

(2) Nothing in this section shall be construed to prevent the governing body from using any other lawful means to enforce this section.

[5] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

F. The Borough hereby finds, determines and declares that this section is necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the order, comfort and convenience of the Borough of Lindenwold and the inhabitants thereof.