This chapter may be referred to as the "Solar Energy System
Ordinance."
This chapter is adopted pursuant to the Borough of Franklin
Lakes authority.
For the purpose of this chapter, the following words shall have
the meanings indicated:
ALTERNATIVE POWER SOURCE
Equipment that converts energy from the solar energy system
into electricity. This term includes all associated mechanical and
electrical conversion components necessary to generate, store and/or
transfer energy.
OWNER
The individual or entity that intends to own and operate
the solar energy system in accordance with this chapter.
SOLAR ENERGY SYSTEM
A solar system and all associated equipment, including any
base, foundation, structural support, wire, batteries or other components
necessary to fully utilize the solar system.
[Amended 11-24-2015 by Ord. No. 1646]
A. Solar energy systems.
(1) Solar panels shall be permitted as a rooftop installation in any
zoning district. The solar panels shall not exceed a height of eight
inches from the rooftop in a residential installation. In any flat
roof installation, the rooftop installation panels shall not exceed
three feet in height from the rooftop. In no event shall the placement
of the solar panels result in a total height including building and
panels greater than what is permitted in the zoning district which
they are located for the principal building.
(2) Solar panels shall also be permitted as ground arrays in nonresidential
zones but shall not be permitted in residential zones in accordance
with the following:
(a)
All ground arrays shall not be located closer than 50 feet to
the nearest residential property zone line, and ground arrays shall
not be closer than 25 feet to any property.
(b)
Except as provided hereinbelow for solar parking canopies in
the HOB-RL District, ground arrays shall not be permitted in a front
or side yard.
(c)
Except as provided hereinbelow for solar parking canopies in
the HOB-RL District, ground arrays shall not exceed seven feet in
height and shall not be used for any other purpose below the ground
array. Ground arrays shall not exceed 50% of the principal building
floor area.
(d)
Ground arrays shall be located so that any glare is directed
away from an adjoining property.
(e)
Ground arrays shall be a minimum of 15 feet from any building
or structure.
(f)
Solar parking canopies (also known as solar carports) shall
be permitted in parking lots in the HOB-RL District, provided such
solar parking canopies shall not exceed 20 feet in height.
B. 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
a property line.
C. All applications for a solar energy system shall conform to the provisions of §
300-124 buffer and planting requirements with respect to tree removal, replacement, and protection of no-disturbance zones. Any trees and/or shrubs to be removed to accommodate the installation of a solar energy system shall be accompanied by a plan demonstrating the need to remove the trees and replacement of the trees in accordance with the provisions of the Code. If trees are requested to be removed contrary to §
300-124, the applicant shall provide to the Construction Official a shade analysis, certified by a qualified professional. An applicant shall locate a solar energy system so that tree removal is not required to the extent practical.
D. The design of a solar energy system shall, to the extent reasonably
possible, use material, colors, textures, screening and landscaping
that will blend into the natural setting and existing environment.
Existing alternative power sources which have been approved
and are in operation as of the date of the passage of this chapter,
and are not in conformance of the terms and conditions of this chapter,
may continue operation; however, in the event that the same are upgraded
for any reason whatsoever, except for ordinary and/or normal maintenance
requirements, they shall comply with this chapter in all respects.
Fees shall be as required by Chapter
220, Construction Codes, Uniform.
[Amended 12-15-2015 by Ord. No. 1652]
A. Except as may be otherwise provided for violations of the Uniform
Construction Code, any person who fails to comply with any provisions
of this chapter shall be subject to a fine by the Municipal Court
of the Borough of Franklin Lakes in the sum of $500.
B. Nothing in this section shall be construed to prevent the Borough
of Franklin Lakes from using any other lawful means to enforce this
chapter.