Borough of Penns Grove, NJ Article XIII Solar Arrays

[Added 6-8-2016 by Ord. No. 2016-8]

§ 450-101 Permitted uses; rooftop and building-mounted solar collectors; ground-mounted arrays and freestanding solar collectors.

A. Solar energy systems shall be permitted accessory uses to the permitted principal and other accessory uses on a lot and shall not involve the production of power for off-premises consumption nor shall such a use constitute the principal use of any lot. This prohibition shall not be interpreted to preclude the occasional sale of excess power from a solar energy system back to the public electric utility provider. For systems intended for uses other than the ones stated, or for any commercial projects, site plan approval is required.

B. Either rooftop and building-mounted solar collectors or ground-mounted arrays and freestanding solar collectors are permitted to be installed but not both.

C. Rooftop and building-mounted solar collectors are permitted in all zoning districts, subject to the following requirements:

(1) Installation of rooftop and building-mounted solar collectors shall require a zoning permit from the Zoning Officer and a building permit from the Construction Code Official prior to installation.

[Amended 7-5-2017 by Ord. No. 2017-5]

(2) Solar panels may extend a maximum of six inches above the roof, further provided that the panels follow the pitch of the roof and do not exceed the maximum permitted height of the prevailing zone.

(3) No part of the solar panels or solar energy system shall extend beyond the edge of the roof.

(4) All visible solar collector parts, including frames and support structures, shall be nonreflective.

(5) A rooftop and building-mounted solar collection system shall be no larger than 1,200 square feet on a residential structure.

(6) See § 450-103 for zoning permit application requirements.

(7) Rooftop installations must not interfere with any operation of plumbing fixtures protruding from the rooftop level, as required by the New Jersey Plumbing Codes.

D. Ground-mounted arrays and freestanding solar collectors are permitted as accessory structures in all zoning districts only if mounting is determined, by the Zoning Officer, to be impractical by the property or home owner, subject to the following requirements:

(1) Installation of ground-mounted arrays and freestanding solar collectors shall require a zoning permit from the Zoning Officer and a building permit from the Construction Code Official prior to installation.

[Amended 7-5-2017 by Ord. No. 2017-5]

(2) The total surface area of all ground-mounted and freestanding solar collectors on the lot shall not exceed 1,200 square feet.

(3) The location of the ground-mounted arrays and freestanding collectors shall comply with the setback for an accessory use in that zone.

(4) Solar panels may be installed on a ground-mounted apparatus only on lots with a minimum lot size of two acres and only in the rear yard. All ground-mounted systems must be set back at least 50 feet from the boundary lines.

(5) Ground-mounted arrays shall not exceed 10 feet in height, when oriented at maximum tilt.

(6) All visible solar collector parts, including frames and support structures, shall be nonreflective.

(7) Ground-mounted arrays shall be excluded from the calculation of the lot (impervious) coverage if mounted on a lawn or a vegetated area.

(8) Submission of a plot plan that shows the location of the proposed ground-mounted array and freestanding solar collectors. A minor site plan shall be required if the total surface area of all ground-mounted and freestanding solar collectors on the lot exceeds 1,200 square feet.

(9) See § 450-103 for zoning permit application requirements.

§ 450-102 General requirements.

A. Applications for a solar energy system shall include information demonstrating compliance with the provisions of this article.

B. To the extent reasonably possible, solar panels, regardless of whether they are roof-mounted or ground-mounted, shall be oriented and/or screened year round so that glare is directed away from adjoining properties and streets.

C. To the extent reasonably possible, solar energy systems shall be designed using such features as colors, materials, textures, screening and landscaping so as to blend into their settings and avoid visual blight.

D. Solar energy systems shall not be used for the display of advertising.

E. Where site plan approval is required elsewhere in this chapter for a development or activity, the site plan review shall include review of the adequacy, location, arrangement, size, design, and general site compatibility of solar collectors.

F. All solar collector installations must be performed by a qualified solar installer, and prior to operation the electrical connections must be inspected by the Construction Code Official or other appropriate electrical inspection agency as determined by the Borough. In addition, any interconnection to the public utility must be inspected by the appropriate public utility.

[Amended 7-5-2017 by Ord. No. 2017-5]

G. When solar storage batteries are included as part of the solar collector system, they must be placed in a secure container or enclosure meeting the requirements of the New Jersey State Building Code when in use and when no longer used shall be disposed of in accordance with the laws and regulations of Salem County and other applicable laws and regulations.

H. Clearing of natural vegetation for the installation of a solar energy system shall be limited to that which is necessary for the construction, operation and maintenance of the system and as otherwise prescribed by applicable laws, regulations and ordinances.

I. Any trees 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. An applicant shall locate a solar energy system so that tree removal is not required to the extent practical.

J. Any ancillary buildings and any outside storage associated with a solar energy system must, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the facility into the natural setting and existing environment (i.e., in an agricultural setting accessory buildings could be designed to look like barns). Appropriate landscaping and architecture shall be provided to screen accessory structures from roads and adjacent residences.

K. The solar energy systems shall remain painted or finished in the color or finish that was originally applied by the manufacturer. The exterior surface of any visible components shall be a nonreflective, neutral color like white, grey or another nonobtrusive color. Finishes shall be matt or nonreflective.

§ 450-103 Zoning permit.

A zoning permit shall be required for the installation of a solar energy system. The application for a zoning permit shall include the following documents and information. The information submitted by the applicant must demonstrate compliance with the provisions of this article. In the event the Zoning Officer does not believe the provisions of this article will be satisfied, an applicant may request a variance from the Penns Grove Planning Board.

A. Structural engineering information and data for rooftop and ground-mounted arrays from a licensed New Jersey engineer shall be provided.

B. The zoning permit application shall be accompanied by a plot plan which includes the following as applicable:

(1) Property lines and dimensions.

(2) Location, dimension, and types of existing major structures on the property.

(3) Location, dimension, and type of the proposed solar energy system.

(4) Orientation of the solar energy system.

(5) The right-of-way of any public road that is contiguous with the property.

(6) Overhead utility lines and easements.

(7) Proposed screening for ground-mounted systems and equipment.

(8) Location and size of existing trees within and next to the area of the proposed ground-mounted system, as well as any tree proposed to be altered or removed.

(9) The manufacturer's solar energy system specification/cut sheets certified by a licensed New Jersey engineer, including manufacturer and model.

(10) Notification of the utility company for interconnection purposes.

(11) The locations of landmark and specimen trees.

C. Fee. The application for a zoning permit for a solar energy system must be accompanied by the zoning permit fee. The fee for such a permit shall be $100.

D. Expiration. A permit issued pursuant to this section shall expire if:

(1) The solar system is not installed and functioning within 24 months from the date the permit is issued; or

(2) The energy system is out of service or otherwise unused for a continuous twelve-month period.

§ 450-104 Abandonment and decommissioning.

Any solar energy system that has generated no electricity for a period of 12 months shall be deemed to be abandoned and shall be decommissioned within a six-month period of such abandonment and subject to the following requirements:

A. Decommissioning shall include the removal of the entire solar panel array and all associated facilities and equipment connected thereto from the premises and the cleaning and restoration of the area to a pre-installation condition.

B. If said decommissioning has not been completed within the requisite six-month period, then the Borough's Zoning Officer shall provide written notice by certified mail to the landowner requiring that decommissioning be completed within 30 days of the receipt of said notice.

C. If the decommissioning has not been completed within 30 days of the receipt of said notice, the Borough may either undertake the decommissioning and charge the landowner and/or facility owner and operator for all of the costs and expenses thereof, including reasonable attorney's fees, or take appropriate legal action to compel the decommissioning. All costs incurred by the Borough shall be billed to the landowner and, if not paid within 60 days of billing, shall become a lien against the property in the same manner that unpaid taxes would become a lien pursuant to the laws of the State of New Jersey.

§ 450-105 Connection to electric utility.

[Amended 7-5-2017 by Ord. No. 2017-5]

Solar systems that connect to the electric utility shall comply with New Jersey's Net Metering and Interconnection Standards for Class I Renewable Energy Systems at N.J.A.C. 14:8-4.

§ 450-106 Signs.

A. 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 on the interconnection cabinet of the solar energy system:

(1) The maximum power output of the system.

(2) Nominal voltage and maximum current.

(3) Manufacturer's name, address and telephone number, serial number and model number.

(4) Emergency and normal shutdown procedures.

B. Should the solar energy system interconnection cabinet be located on the inside of a structure, a sign notifying the existence of a solar energy system shall be placed on the outside of the building, near the electrical and/or gas meter, in order to notify emergency personnel of the solar energy system.

§ 450-107 Installation standards.

A. Solar energy system construction shall be in accordance with the appropriate sections of the Basic Building Code, as adopted and as currently amended by the State of New Jersey, and any future amendments and/or revisions to the same.

B. The installation of a solar energy system shall conform to the National Electrical Code, as adopted by the New Jersey Department of Community Affairs and/or any other applicable agency with jurisdiction. The installation of a solar energy system is subject to any and all Atlantic City Electric Company requirements for interconnection, its successors and assigns, and/or those designated by state authority, in perpetuity.

C. The structural design and fastening details of any solar energy system shall be signed and sealed by a professional engineer licensed in the State of New Jersey, certifying that the structural design complies with all of the standards set forth for safety and stability in all applicable codes then in effect in the State of New Jersey and all sections referred to hereinabove.

D. The property owner and/or installer of the solar panel installation must receive approvals from any outside agencies having jurisdiction over the project prior to the installation.

E. At the discretion of the Penns Grove Construction Code Official, the Borough reserves the right to require the applicant to obtain and submit an as-built survey upon completion of the solar energy system, evidencing the exact location and height of the structures, to ensure said installation is made in accordance with the requirements of the Borough of Penns Grove.

[Amended 7-5-2017 by Ord. No. 2017-5]

F. All electric lines/utility wires shall be buried underground, as applicable, and by applicable regulation and/or code. All electric lines/utility wires leading down the side of the structure from rooftop installations shall be placed and tacked as aesthetically as possible.

G. When a building or cabinet is necessary for storage cells or related mechanical equipment, it must be documented as to the necessity. The building may not exceed 120 square feet in area nor eight feet in height and must be located at least the number of feet equal to the accessory building setback requirements of the zoning district from any property line. Any mechanical equipment associated with and necessary for operation, including any building or cabinet for batteries and storage cells, shall be equipped with a lock, and a small sign shall be posted on the outside of the building or cabinet notifying of the existence of solar energy system batteries and storage cells in order to notify emergency personnel.

H. A solar energy system shall not add, contribute to or be calculated to cause an increase in the requirements for building coverage of all buildings and/or the maximum lot impervious surface(s) coverage of any lot, parcel and/or property.

I. Any approval of a solar energy system does not create any actual or inferred solar energy system easement against adjacent property and/or structures. The owner and/or property owner of a solar energy system shall not infer or claim any rights to protective writs to any caused shadows or operating ineffectiveness against future development adjacent to or higher than the property location of the solar energy system. The approval of any solar energy system granted by the Borough of Penns Grove under this article shall not create any future liability or infer any vested rights to the owner and/or property owner of the solar energy system on the part of the Borough of Penns Grove, or by any other officer or employee thereof, for any future claims against said issuance of approval of the solar energy system that result from reliance on this article or any administrative decision lawfully made thereunder.

J. The Atlantic City Electric Company, its successors and assigns, and/or those designated by state authority shall be notified in writing of any proposed interface with that company's grid prior to installing such interface and shall conform to any legislated requirements governing installations of solar energy conversion systems so as to comply with the utility tariff specifications. A copy of said notification shall be submitted at time of application.

§ 450-108 Exemption for existing systems.

Solar energy systems installed prior to the adoption of this article are exempt from the requirements of this article.

§ 450-109 Administration and enforcement.

A. It is unlawful for any person to construct, install, or operate a solar energy system that is not in compliance with this article.

B. Any person who fails to comply with any provision of this article shall be subject to enforcement and penalties as stipulated in this chapter and article.

C. Nothing in this section shall be construed to prevent the Mayor and Council and/or administrative officers of the Borough of Penns Grove from using any other lawful means to enforce this article.

D. This article shall be administered by any Borough of Penns Grove official, as designated.

E. Any Borough official may enter any property for which a permit has been applied for and/or issued under this article to conduct an inspection to determine whether the conditions stated in the permit have been met.

F. The Borough may issue orders to abate any violation of this article. The Borough may issue a citation for any violation of this article.