Unless otherwise specified, the following general requirements
apply to all solar and photovoltaic facilities regardless of whether
they are principal or accessory uses:
A. Solar or photovoltaic energy systems are permitted as a principal
use in the SM Special Manufacturing and GM General Manufacturing Districts
in accordance with N.J.S.A. 40:55D-66.11.
B. In the AGR Agricultural District, solar or photovoltaic systems are permitted only as accessory residential or agricultural uses. On commercial farms (as defined under N.J.S.A. 4:1C-1 et seq.), such facilities shall be permitted in accord with the standards set forth in N.J.A.C. 2:76-2A.12, which is the State Agricultural Development Committee's ("SADC") Agricultural Management Practice ("AMP") for the Construction, Installation, Operation or Maintenance of Solar Energy Generation Facilities, Structures and Equipment on Commercial Farms. Such systems shall be subject to site plan review. The governing body has expressly considered allowing major ground-mounted solar or photovoltaic energy facilities as a principal use in the AGR Agricultural District but has determined that such facilities are inconsistent with the Township's duly adopted Master Plan, sound environmental policies, and the policies articulated by the New Jersey Legislature in recent regulatory amendments enacted by way of P.L. 2012, Chapter
24, which seek to protect farmland from such development. The governing body's decision has been taken in full awareness of the New Jersey Legislature's earlier policy statement, set forth in P.L. 2009, Chapter 146, which made wind, solar or photovoltaic structures and uses inherently beneficial uses under the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.). It is the governing body's considered determination, in light of the Township's policies and the overall policies of this state, that conversion of land located in Rural Planning Area 4 that has been actively devoted to agricultural or horticultural use, and that is valued, assessed and taxed pursuant to the Farmland Assessment Act, to major solar facility use would be a substantial detriment to the public good and substantially impair the Township's Zone Plan. The detriment and impairment, respectively, would be significantly exacerbated if the subject lands were considered desirable for preservation under the County and/or State Farmland Preservation Programs' planning documents.
C. Solar energy-generating systems are permitted as an accessory use
on the same lot as the principal use, whether roof-mounted or ground-mounted,
in all residential and business zone districts (specifically, R, RA,
RB, RC, RD, RD-1, AGR, HC, NC, OP, GM, SM, P, S, and RAA). The purpose
of these accessory systems is to generate energy to satisfy all or
a portion of the energy requirements associated with the on-site dwelling(s)
or business(es), rather than for sale back into the electrical grid
system. This provision shall not be interpreted to prohibit the net
metering of excess power generated from time to time from a solar
energy system that is designed to meet up to 110% the energy needs
of the principal use on the same property. Major ground-mounted facilities
shall not be accessory uses.
D. Any solar or photovoltaic energy-generating facility mounted to a
structure above a surface parking area or a roof shall be deemed an
accessory use.
E. Solar or photovoltaic energy facilities are permitted on the roofs
of buildings.
F. The installation of solar or photovoltaic energy systems by any governmental
agency on land owned or leased by said agency shall be permitted as
either a conditional accessory use or conditional principal use in
any zone district. The conditions for the use shall be in compliance
with the buffer, screening and setback requirements otherwise applicable
to such facilities under Township ordinances.
G. Solar or photovoltaic energy systems installed on, within or above
a stormwater management facility, parking lot, sign structure or any
other type of freestanding structure not specifically considered a
roof by the Construction Official shall be considered a ground-mounted
system.
H. Solar or photovoltaic energy systems shall not be used for displaying
any advertising. Reasonable identification of the manufacturer and/or
operator of the system is permitted using text that does not exceed
a height of two inches. Hazard and/or warning signs pertinent to the
electrical nature of the equipment shall also be permitted.
I. Installation of a solar or photovoltaic energy system on a nonconforming
structure, or on a site containing a nonconforming structure or use,
shall be considered an expansion of the nonconforming structure or
use.
J. No structure or other portion of any major ground-mounted facility
or structure shall occupy any area designated and regulated by the
New Jersey Department of Environmental Protection ("NJDEP") as a floodplain,
flood hazard area, wetland, wetland transition area or riparian corridor
unless approved in that location by the NJDEP.
K. Notwithstanding the provisions set forth herein, the installation
of any solar energy system shall require a zoning permit and all applicable
regulatory and construction permits, and its design shall conform
to all applicable prevailing codes, standards and ordinances, including,
but not limited to, the State Uniform Construction Code (UCC), National
Electrical Code (NEC) and Federal Aviation Administration (FAA) requirements.