Township of White, NJ Article XXX Solar and Photovoltaic Energy Facilities

[Added 12-12-2012 by Ord. No. 2012-6]

§ 160-201 Solar and photovoltaic energy facilities.

A. Purpose, intent and scope. The purpose of this article is to regulate the placement and use of alternative solar photovoltaic energy facilities so as to be consistent with local land use goals and objectives of the Township of White.

B. Requirements for minor solar and photovoltaic energy facilities. Minor solar or photovoltaic energy facilities or structures shall be permitted as an accessory use in all zoning districts in the Township, provided that a zoning permit is obtained. A zoning permit will be issued subject to compliance with the following standards:

(1) Solar panels shall be permitted as a rooftop installation provided that no part of the solar panel or associated equipment shall exceed a height of three feet above the roof surface. In no event shall the placement of the solar panels result in a total height, including building and panels, greater than that which is permitted in the zoning district where the panels are located.

(2) Solar panels shall be permitted as ground arrays in accordance with the following:

(a) All ground arrays shall meet the setback requirements for accessory structures of the zone district in which the property is located.

(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 to the extent feasible.

(d) Ground arrays shall not exceed a height of 12 feet.

(e) If natural screening does not exist, evergreen screening shall be planted to provide a visual buffer as necessary from the street view or adjacent properties, with appropriate plant species to the extent feasible. The buffer shall be planted in accordance with § 160-99 and in such a manner that it does not impair the functionality of the system.

(f) All electrical wires servicing a ground-mounted solar system, other than the wires necessary to interconnect the solar panels and the grounding wires, shall be located underground.

(3) The design of 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. Exposed hardware, supporting structure and frames shall be finished in nonreflective surfaces and, if roof mounted, compatible with the color scheme of the roof.

(4) The installation of a solar energy system shall be in compliance with the National Electric Code as adopted by the New Jersey Department of Community Affairs.

(5) Energy systems that connect to the electric utility shall comply with the New Jersey Net Metering and Interconnection Standards for Class I Renewable Energy Systems and as required by the electric utility servicing the parcel.

(6) Minor solar or photovoltaic energy facilities or structures located on the ground shall be permitted in any Township zoning district.

C. Requirements for major solar or photovoltaic energy facilities.

(1) Major solar or photovoltaic energy facilities or structures shall be permitted in the I, IL, I-2, LDI, and SR Zone Districts in the Township of White, except as modified by statute.

(2) Major solar or photovoltaic energy facilities or structures shall be a permitted conditional use in the R-1, R-1B, R-2, R-3, and R-4 Zone Districts, provided that minimum lot-size requirements are met as provided in this section. The Planning Board shall be permitted to grant variances from the required setbacks from adjacent residential uses as set forth below.

[Amended 11-9-2022 by Ord. No. 2022-07]

(3) All major solar or photovoltaic energy facilities or structures shall require site plan approval and shall comply with the following standards:

[Amended 11-9-2022 by Ord. No. 2022-07]

(a) Minimum lot size shall be 20 acres in the I, IL, I-2, LDI, and SR Zone districts, except as modified by statute. The minimum lot size shall be 50 acres in the R-1, R-1B, R-2, R-3, and R-4 Zone Districts.

(b) Solar panels shall be permitted as a rooftop installation, provided that no part of the solar panel or associated equipment shall exceed a height of three feet above the roof surface. In no event shall the placement of the solar panels result in a total height, including building and panels, greater than that which is permitted in the zoning district where the panels are located.

(c) Major solar or photovoltaic energy facilities shall be permitted as ground arrays and structures shall not occupy any area beyond the required principal building setbacks for the zone in which the facility is to be located.

(d) Major solar or photovoltaic energy facilities shall not be located within 200 feet of an adjacent residential lot line in the I, IL, I-2 and LDI Zone Districts or within 300 feet of a residential lot line on an adjacent lot in all other zone districts. The Township Planning Board may grant bulk variances from the setback requirements from residential lots and uses. The Planning Board may consider mitigating factors regarding the required residential setbacks from adjoining properties and may reduce or waive the setback requirement. Mitigating factors may include the following: similar or compatible adjacent uses; topography; natural or existing buffers; the size of the subject lots; the nature of surrounding uses; the location of existing residences; and a lack of visual impact.

(e) Major solar or photovoltaic energy facilities and structures shall be screened from the public traveled way, public open space, or from adjoining residential uses or zones, with said screening by a combination of berms, landscaping and fencing in accordance with § 160-99. Where natural screening does not exist a landscaped berm shall be provided not less than 25 feet in width and of sufficient height to totally obscure any view of all solar energy facilities and structures from adjacent properties and roadways at the time such facilities and structures are placed in service. The Township Planning Board may grant bulk variances from the buffer requirements set forth herein. The Township Planning Board may consider mitigating factors regarding required berms from adjoining properties and roadways and reduce, modify, or waive this requirement. Mitigating factors may include the following: similar or compatible adjacent uses; topography; natural or existing buffers; the size of the subject lots; the nature of surrounding uses; the location of existing residences; and a lack of visual impact.

(f) Permitted height. The maximum permitted vertical height above ground for solar energy panels shall be 12 feet.

(g) All electrical wires servicing a ground-mounted solar system, other than the wires necessary to interconnect the solar panels and the grounding wires, shall be located underground.

(h) The design of 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. Exposed hardware, supporting structure and frames shall be finished in nonreflective surfaces and, if roof mounted, compatible with the color scheme of the roof.

(i) The installation of a solar energy system shall be in compliance with the National Electric Code as adopted by the New Jersey Department of Community Affairs.

(j) Energy systems that connect to the electric utility shall comply with the New Jersey Net Metering and Interconnection Standards for Class I Renewable Energy Systems and as required by the electric utility servicing the parcel.

(k) Maintenance; soil stabilization. A maintenance plan shall be submitted for the continuing maintenance of all plantings. All ground areas occupied by the major solar or energy facility or structure installation that are not utilized for access driveways shall be planted and maintained with low maintenance sun and shade tolerant grasses for the purpose of soil stabilization. The "OVN" seed mixture is suitable for these purposes. It is a mixture of 40% perennial rye grass, 30% creeping fescue and 30% chewing fescue, applied at a rate of five pounds per 1,000 square feet.

(l) A grading and drainage plan shall be submitted under the seal of a licensed professional engineer and shall provide the details to adequately demonstrate to the reviewing agency that no stormwater runoff or natural water shall be so diverted as to overload existing drainage systems or create flooding. Calculations shall be provided to adequately demonstrate that existing preconstruction stormwater drainage velocities shall not be exceeded in the post-development condition.

(m) Major solar energy facilities and structures shall not result in reflective glare.

(n) The noise level generated by a major solar energy facility at any receiving residential property shall not exceed a maximum A-weighted sound level of 65dB between 7:00 a.m. and 10:00 p.m. and 50dB between 10:00 p.m. and 7:00 a.m.

(o) Requirement for engineered drawings. Site plans and zoning permit applications for solar energy systems shall be accompanied by standard drawings of the solar panels, inverters, substations and any other required structures. The design shall be signed and sealed by a professional engineer, registered in the State of New Jersey, certifying that the design complies with all of the standards set forth in all applicable codes then in effect in the State of New Jersey and all sections referred to hereinabove.

(p) All photovoltaic facilities, including all solar arrays and associated equipment, shall be dismantled and removed promptly after 180 continuous days of nonuse. Applicants shall be required to submit a decommissioning plan for approval at time of site plan approval.