[Added 6-9-2016 by Ord.
No. 8-2016]
This article may be referred to as the "Small Wind Energy System
and Solar Energy System Ordinance."
This article is adopted pursuant to Borough of Clayton authority.
A.
The primary purpose of a wind or solar energy system will be to provide
power for the principal use of the property whereupon said system
is to be located and shall not be for the generation of power for
commercial purposes, although this provision shall not be interpreted
to prohibit the sale of excess power generated from time to time from
a wind or solar energy system designed to meet the energy needs of
the principal use. For the purposes of this subsection, the sale of
excess power shall be limits so that in no event an energy system
is generating more energy for sale than what is otherwise necessary
to power the principal use on the property.
B.
Wind and solar energy systems shall only be permitted as an accessory
use on the same lot or on an adjacent lot owned by the same owner
as the principal use. All energy systems require approval from the
Zoning Officer and Construction Office prior to installation. Applications
for an energy system shall include information demonstrating compliance
with the provisions of this subsection. In the event that the Zoning
Officer or Construction Office does not believe the provisions of
this subsection will be satisfied, an applicant may request a variance
which may also be subject to minor site plan approval.
C.
Applicability of section. This section shall apply to systems intended
for the provision of the electrical or mechanical power needs of the
owner/operator of the system; also, such a system shall be for one
main building and its accessory buildings only. For systems intended
for uses other than the ones stated, Planning Board approval shall
be required. Said approval shall cover the location of the system
(shown on a survey of the property).
As used in this article, the following terms shall have the
meanings indicated:
The Borough of Clayton Zoning Officer.
The Borough of Clayton Planning Board or other Authority
having jurisdiction.
The area equal to the minimum required front yard setback
for the zone or actual principal building setback, whichever is greater.
Equipment that converts energy from the wind and solar into
electricity. This term includes all associated mechanical and electrical
conversion components necessary to generate, store and/or transfer
energy.
A structure designed to support the gathering of wind energy
resource data, and includes the tower, base plate, anchors, guy cables
and hardware, anemometers (wind speed indicators), wind direction
vanes, booms to hold equipment anemometers and vanes, data logger,
instrument wiring, and any telemetry devices that are used to monitor
or transit wind speed and wind flow characteristics over a period
of time for either instantaneous wind information or to characterize
the wind resource at a given location.
The individual or entity that intends to own and operate
the small wind energy system in accordance with this article.
The cross-sectional dimensions of the circle swept by the
rotating blades of a wind powered energy generator.
A wind energy system, as defined in this section, that:
A solar generator and all associated equipment, including
any base, foundation, structural support, wire batteries or other
components necessary to fully utilize the solar generator.
In relation to a wind energy system, the vertical distance
from the ground to the tip of a wind generator blade when the tip
is at its highest point.
A monopole, freestanding, or guyed structure that supports
a wind generator.
A wind generator and all associated equipment, including
any base, blade, foundation, nacelle, rotor, tower transformer, vane,
wire, inverter, batteries or other component necessary to fully utilize
the wind generator.
A.
A small wind energy system shall be a permitted use in all zones,
as an "accessory structure", subject to the following requirements:
(1)
Minimum lot size. One-half acre, provided the lot size conforms to
the height requirements below.
(2)
Minimum setbacks. For lots between 1/2 acre and three acres, wind
turbines shall be set back from all property lines a distance equal
to 10% of the height of the structure including the blades. For lots
larger than three acres, wind turbines shall be set back from all
property lines a distance equal to 100% of the height of the structure
including the blades. No portion of the wind generator shall extend
beyond any overhead utility lines, unless written permission is granted
by the utility that owns and/or controls the lines.
(3)
Minimum distance to structures (fall zone). Wind turbines shall be
set a minimum distance equal to 100% of the height of the structure
from other permanent aboveground structures. The fall zone shall be
kept free of obstructions.
(4)
Wind turbines shall not be permitted in any front yard.
(5)
Maximum height. Freestanding wind turbines shall not exceed a height
of 50 feet on one-half-acre to one-acre lots and 80 feet on lots between
one acre and three acres. On lots of three acres or more, a maximum
height of 150 feet is permitted. The maximum height shall include
the height of the blades at its highest point.
(6)
No more than one wind turbine shall be permitted per property.
(7)
Wind turbines shall not be permitted as a rooftop installation.
(8)
Wind turbines on residential property shall have nameplate capacity
of 100 kilowatts or less.
(9)
Noise. All wind energy systems shall comply with the following:
(a)
Between any use or zone, sound levels of the wind energy system
shall not exceed 55 dBA at a common property line or 55 dBA to the
closest occupied structure, whichever is most restrictive.
(b)
These levels may be exceeded during short-term events such as
utility outages and/or severe windstorms.
(c)
Wind turbines shall be designed with an automatic brake or other
similar device to prevent overspeeding and excessive pressure on the
tower structure.
(10)
Wind energy systems shall not be artificially lighted, except
toe the extent required by the FAA or other applicable authority.
(11)
All ground-mounted electrical and control equipment shall be
labeled and secured to prevent unauthorized access.
(12)
The tower shall be designed and installed so as not to provide
step bolts, a ladder, or other publicly accessible means of climbing
the tower for a minimum height of 12 feet above the ground.
(13)
All moving parts of the wind energy system shall be a minimum
of 15 feet above ground level.
(14)
The blades on the wind energy system shall be constructed of
a corrosive-resistant material.
(15)
All guy wires or any part of the wind energy system shall be
located on the same lot as the energy system.
(16)
Appearance, color and finish. The wind generator and the tower
shall remain painted or finished in the color or finish that was originally
applied by the manufacturer, unless a different color or finish is
approved by the Administrator.
B.
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 no event shall the placement of the solar
panels result in a total height including building and panels than
what is permitted in the zoning district which they are located for
the principal building.
(2)
Solar panels shall be permitted as ground arrays in accordance with
the following:
(a)
All ground arrays shall be set back, a distance 20 feet from
all property lines in a residential zoning district or in conformance
with the bulk standards for accessory structures in commercial districts
as provided herein.
(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.
(d)
Ground arrays shall not exceed a height of 10 feet.
C.
Wind and 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.
D.
The design of wind or 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.
E.
All applications for a wind or solar energy system shall conform
to any landscaping requirements of the Borough of Clayton Code. Any
trees and/or shrubs to be removed to accommodate the installation
of a wind or solar energy system shall be accompanied by a plan demonstrating
the need to remove the trees and replacement of the trees. An applicant
shall locate a wind or solar energy system so that tree removal is
not required to the extent practical. Nonresidential ground-mounted
facilities must be screened per the parking lot screening requirements
in the Borough of Clayton Code.
F.
The installation of a wind or solar energy system shall conform to
the National Electric Code as adopted by the N.J. Department of Community
Affairs.
G.
The installation of a wind or solar energy system is subject to all
utility provider (for that area) requirements for interconnection.
H.
Signs. There shall be no signs that are visible from any public road
posted on a small wind generator system, solar system or any associated
building, except for the manufacturers or installer's identification,
appropriate warning signs or owner identification.
I.
Utility notifications and interconnection. Small wind energy and
solar systems that connect to the electric utility shall comply with
the New Jersey's Net Metering and Interconnection Standards for Class
I Renewable Energy Systems at N.J.A.C. 14:4-9.
J.
Met Towers. A met tower shall be permitted under the same standards,
permit requirements, restoration requirements and permit procedures
as a small wind energy system.
K.
Additional standards for the regulation of small wind energy systems.
(1)
Construction. Tower construction shall be in accordance with the
appropriate sections of the Basic Building Code as adopted by the
State of New Jersey, and any future amendments and/or revisions to
same. Small wind energy systems shall also be built to comply with
all applicable Federal Aviation Administration requirements including
14 CFR 77, Subpart B, regarding installation close to airports and
all applicable airport zoning regulations.
(2)
Electromagnetic interference (EMI). Wind energy conversion system
generators and alternators shall be filtered and/or shielded so as
to prevent the emission of radio frequency energy which would cause
any harmful interference with radio, television broadcasting or reception,
telephone and/or wireless telecommunications and shall comply with
the provisions of Section 47 of the Federal Code of Regulations, Part
15, and subsequent revisions governing said emissions.
(3)
The structural design shall be signed and sealed by a professional
engineer, registered 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. The
support tower shall be designed to survive a wind of 120 mph with
a three-second, 140 mph gust. The design calculations shall include
a soil boring at the tower location and a soils analysis. If the soils
of the site are not satisfactory for the intended construction, the
plans shall be designed to eliminate or overcome the poor soils conditions.
(4)
Labeling requirements. A minimum of one sign shall be posted near
ground level on the tower structure warning of high voltage. In addition,
the following information shall be posted on a label or labels on
the generator or alternator of the small wind energy system:
(5)
Utility company notification. The utility company for the area in
question 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 wind energy
conversion systems so as to comply with the utility tariff specifications.
(6)
Safety. The wind energy conversion system manufacturers shall document
that the wind energy conversion system model has operated safely in
atmospheric conditions for a period of not less than three months
and has provided energy not less than the equivalent of 25% of its
predicted annual energy output under a twelve-per-hour annual wind
regime.
A.
All electric lines/utility wires shall be buried under ground.
B.
Any mechanical equipment associated with and necessary for operation,
including a building for batteries and storage cells, shall be enclosed
with a six-foot-high fence. The supporting tower shall also be enclosed
with a six-foot-high fence unless the base of the tower is not climbable
for a distance of 12 feet. Nonresidential ground-mounted solar arrays
shall also be enclosed with a six-foot-high fence.
C.
When a building is necessary for storage cells or related mechanical
equipment, the building may not exceed 140 square feet in area nor
eight feet in height and must be located at least the number of feet
equal to the height of the tower from any property line.
D.
An access driveway is required for any nonresidential small wind
energy system or solar energy system that is located away from paved
access. The material and layout of the access driveway shall be acceptable
to the municipal engineer.
A.
The owner shall post a bond to cover the cost of removal and disposal
of nonresidential small wind energy systems and solar energy systems.
The bond shall be in a form acceptable to the Borough Solicitor.
B.
A small wind energy system or ground array(s) solar energy system
that is out-of-service for a continuous twelve-month period will be
deemed to have been abandoned.
C.
The Administrator may issue a notice of abandonment to the owner
of a small wind energy or ground array solar energy system that is
deemed to have been abandoned. The notice shall be sent return receipt
requested.
D.
The owner shall have the right to respond to the notice of abandonment
within 30 days from notice receipt date.
E.
If the owner provides information that demonstrates the small wind
energy or ground array solar energy system has not been abandoned,
the Administrator shall withdraw the notice of abandonment and notify
the owner that the notice has been withdrawn.
F.
If the Administrator determines that the small wind energy or ground
array solar energy has been abandoned, the owner of the energy system
shall remove the facility in its entirety at the owner's sole expense
within three months after the owner received the notice of abandonment.
G.
When an owner of a wind or solar energy system has been notified
to remove same and has not done so three months after receiving said
notice, then the Administrator may remove such system and place a
lien upon the property for the cost of the removal. If removed by
the owner, a demolition permit shall be obtained and the facility
shall be removed. Upon removal, the site shall be cleaned, restored
and revegetated to blend with the existing surrounding vegetation
at the time of abandonment.
A.
Permit. A zoning permit shall be required for the installation of
a small wind energy and/or solar energy system.
B.
Documents. The zoning permit application shall be accompanied by
a plot plan which includes the following:
(1)
Property lines and physical dimensions of the property.
(2)
Location, dimension, and types of existing major structures on the
property;
(3)
Location, dimension, and type of the proposed energy system;
(4)
The right-of-way of any public road that is contiguous with the property;
(5)
Any overhead utility lines; and
(6)
Small wind energy system specifications, including manufacturer and
model, rotor diameter, tower height, tower type (freestanding or guyed).
C.
Fees. The application for a zoning permit for a small wind energy
and/or solar energy system must be accompanied by the fee required.
A.
An owner shall submit an application to the Administrator for a zoning
permit for a small wind energy and/or solar energy system.
C.
If the application is approved, the Administrator will return one
signed copy of the application with the zoning permit and retain the
other copy with the application.
D.
If the application is rejected, the Administrator will notify the
application in writing and provide a written statement of the reason
why the application was rejected. The applicant may appeal the Administrator's
decision the Borough of Clayton Planning Board. The applicant may
reapply if the deficiencies specified by the Administrator are resolved.
A.
It is unlawful for any person to construct, install, or operate a
small wind and/or solar energy system that is not in compliance with
this article.
B.
Small wind and/or solar energy systems installed prior to the adoption
of this article are exempt from the requirements of this article,
except for the provisions regarding abandonment.
A.
This article shall be administered by the Administrator or other
official as designated.
B.
The Administrator may enter any property for which a permit has been
issued under this article to conduct an inspection to determine whether
the conditions stated in the permit have been met.
C.
The Administrator may issue orders to abate any violation of this
article.
D.
The Administrator may issue a citation for any violation of this
article.
E.
The Administrator may refer any violation of this article to legal
counsel for enforcement.
A.
Any person who fails to comply with any provision of this article
shall be subject to enforcement and penalties as stipulated in chapter
and section of the appropriate zoning code.
B.
Nothing in this section shall be construed to prevent the Mayor and
Council of the Borough of Clayton from using any other lawful means
to enforce this article.
