[Added 9-2-2014 by Ord. No. 2014-13]
The primary purpose of a solar energy system will be to 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
sale purposes. Notwithstanding the foregoing, this provision shall
not be interpreted to prohibit the sale of excess power generated
from time to time from a solar energy system designed to meet the
energy needs of the principal use on the property. For the purposes
of this chapter, the sale of excess power shall be limited so that
generally an energy system is not generating more energy for sale
than what is otherwise necessary to power the principal use on the
property.
Solar energy systems shall only be permitted as an accessory
use on the same lot as the principal use. All applications shall demonstrate
that the conditions at the proposed location will be suitable for
the generation of electricity. All solar energy systems require approval
from the Zoning Officer and Construction Official prior to installation.
All applications for a solar energy system shall include appropriate
information demonstrating compliance with this chapter, including
a record of the electric usage for the principal use on the property
for the previous year. In the event that the Zoning Officer or Construction
Official does not agree that the provisions of this chapter will be
satisfied, an applicant may apply to the Planning Board for an interpretation
or variance as necessary.
As used in this chapter, the following terms shall have the
meanings indicated:
Solar panels, their mounting apparatus and all associated
equipment that collect, store and distribute solar energy for heating,
cooling or electricity generating.
A structure containing one or more photovoltaic or receptive
cells, the purpose of which is to convert solar energy into useable
electrical energy through the use of solar panels.
A.
Rooftop solar energy systems.
(1)
Solar energy systems shall be permitted as a rooftop-mounted
installation in all zoning districts. The solar panels shall not exceed
a height of eight inches from the rooftop. The height of the solar
panels shall not be included in any calculations for total building
height.
(2)
Solar energy systems installed in a rooftop-mounted configuration
shall not be installed beyond the actual boundaries or edges of the
roof.
(3)
A clearly marked manual shutoff switch for the electricity from
the solar panels shall be installed in close proximity to the meter
on the exterior of the principal structure.
(4)
An official National Electric Code (N.E.C.) placard, stating
that there are solar panels on the principal structure, shall be placed
near the front entrance of the structure.
(5)
Rooftop solar systems shall not be subject to the cover percentage set forth in § 240-104G(2) of the Township of Stillwater's Municipal Code.
B.
Ground-mounted solar panel systems.
(1)
Solar energy systems shall be permitted as a ground-mounted
installation in all zoning districts.
(2)
Ground-mounted solar energy systems shall not be permitted in
the front yard.
(3)
Ground-mounted solar energy systems shall be set back in conformance
with the required setbacks for accessory structures in each zone.
(4)
Ground-mounted solar energy systems shall be located so that
concentrated solar energy radiation or glare shall not be directed
onto nearby properties or roadways.
(5)
Ground-mounted solar energy systems shall not exceed a height
of 15 feet.
(6)
Ground-mounted solar energy systems shall not be permitted on
any lot that is 0.5 acre or less.
(7)
Ground-mounted solar energy systems shall not add, contribute
to or be calculated to cause an increase in impervious coverage for
purposes of conforming designing standards.
(8)
A clearly marked shutoff switch for the electricity from the
solar energy systems shall be installed in close proximity to the
meter on the exterior of the principal structure.
(9)
Ground-mounted solar energy systems shall be screened and or
landscaped to shield the system when viewed from the street and/or
adjacent properties.
(b)
Where natural evergreen or dense deciduous screening is already
in existence, no additional screening shall be required between the
property line(s) and the ground arrays.
(c)
Screening is not required between the ground-mounted solar energy
systems and the principal structure located on the same lot as the
ground-mounted solar energy systems if it is completely shielded from
the front, rear and side property lines.
C.
The provisions in this article do not apply to the installation of
decorative solar energy pathway lights that do not provide power for
another use or structure.
D.
For ground-mounted solar energy systems, all solar energy systems
shall meet all National Electric Code (N.E.C.) requirements.
A.
Solar energy systems shall not be used for displaying or advertising except for the labeling information noted in Subsection F below.
B.
The design of solar energy systems 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.
C.
The solar energy system shall be located so that tree removal is consistent with the regulations set forth in Chapter 382 of the Township of Stillwater's Municipal Code.
D.
For ground-mounted solar energy systems, all electric lines and utility
wires shall be installed underground.
E.
The installation of a solar energy system shall conform to the requirements
of the electric utility company for interconnection as the case may
dictate.
F.
A minimum of one sign shall be posted near ground level on the interconnection
cabinet warning of high voltage. In addition, the following information
shall be posted on a label or labels installed at the site:
G.
Solar energy systems that connect to the electric utility shall comply
with the New Jersey net metering and interconnection standards for
Class 1 renewable energy systems at N.J.A.C. 14:4-9. Solar energy
systems shall not be installed to generate more electricity than needed
for the principal use on the property.
H.
A solar energy system that is out of service for a continuous twelve-month
period shall be deemed to have been abandoned.
(1)
The Zoning Officer may issue a notice of abandonment to the
owner. The notice shall be sent via regular mail and certified mail,
return receipt requested, to the owner of record.
(2)
Any abandoned solar energy system shall be removed at the owner's
sole expense within six months of the date on the notice of abandonment
from the Zoning Officer. Prior to removal, the owner shall obtain
a demolition permit from the Construction Official. Upon removal,
the site shall be cleaned, restored and landscaped to blend with the
existing surrounding vegetation at the time of the removal.
(3)
The Zoning Officer may issue a summons to the owner for failure
to remove the abandoned system as requested in the notice of abandonment.
(4)
When the owner of the solar energy system had been notified
to remove same and has not removed the system within six months after
receiving the notice, the Township may pursue legal action to have
the system removed at the owner's expense.
(5)
Solar panels removed from the site shall be deposited at a recognized
solar panel recycling center. Panels that are not recycled must be
disposed of in accordance with the New Jersey Department of Environmental
Protection or U.S. Environmental Protection Agency requirements.
I.
A zoning permit and building permit shall be required for the installation
of a solar energy system. Documents required for a zoning permit shall
include the following:
(1)
Property survey.
(2)
Location, dimensions (including height) of existing major structures
on the property.
(3)
Location, dimensions and type of proposed solar energy system,
including all structures accessory to the system. The setback distance
of the solar energy system improvements from all property lines shall
be shown.
(4)
Manufacturer's energy system specifications, including make
and model.
(5)
Proof of notification to the electric company for interconnection
purposes.
(6)
Certification from a professional engineer, licensed New Jersey
electrician and/or the installation company that the proposed installation
is in compliance with manufacturer's guidelines.
(7)
Other documents and plans containing enough information concerning
installation of the solar energy system for the Zoning Officer to
make a formal decision concerning conformance with the ordinance standards.
The amount and accuracy of information provided shall be in the judgment
of the Zoning Officer.
(8)
Statement from applicant that installation will comply with
all environmental guidelines.
(9)
Application shall include a current photograph of the site where
the proposed system is to be installed.
J.
If the location of the solar energy improvements does not meet the
setback requirements of the zoning section, the applicant shall submit
an application for site plan and variances to the Township Planning
Board.
A.
It is unlawful for any person to construct, install or operate a
solar energy system that is not in compliance with this article or
with any condition contained in a building permit issued pursuant
to this article. Solar energy systems installed prior to the adoption
of this article are exempt.
