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