[Added 2-11-2014 by Ord.
No. 545]
As used in this article, the following terms shall have the
meanings indicated:
An area of land or other area used for a solar collection
system used to capture solar energy, convert it to electrical energy
or thermal power and supply electrical or thermal power primarily
for on-site use. An accessory solar energy system consists of one
or more freestanding ground- or roof-mounted solar arrays or modules,
or solar-related equipment and is intended to primarily reduce on-site
consumption of utility power or fuels.
The effect produced by light with an intensity sufficient
to cause annoyance, discomfort, or loss in visual performance and
visibility.
An area of land or other area used for a solar collection
system used to capture solar energy, convert it to electrical energy
or thermal power and supply electrical or thermal power primarily
for off-site use. Principal solar energy systems consists of one or
more freestanding ground- or roof-mounted solar arrays or modules,
or solar-related equipment and other accessory structures and buildings
including light reflectors, concentrators, and heat exchangers, substations,
electrical infrastructure, transmission lines and other appurtenant
structures.
A solar easement means a right, expressed as an easement,
restriction, covenant, or condition contained in any deed, contract,
or other written instrument executed by or on behalf of any landowner
for the purpose of assuring adequate access to direct sunlight for
solar energy systems.
Radiant energy (direct, diffuse and reflective) received
from the sun.
That part of portion or a solar energy system containing
one or more receptive cells or modules, the purpose of which is to
convert solar energy for use in space heating or cooling, for water
heating and/or for electricity.
Items including a solar photovoltaic cell, module, panel,
or array, or solar hot air or water collector device panels, lines,
pumps, batteries, mounting brackets, framing and possibly foundations
or other structures used for or intended to be used for collection
of solar energy.
SOLAR ARRAYA grouping of multiple solar modules with purpose of harvesting solar energy.
SOLAR CELLThe smallest basic solar electrical device, which generates electricity when exposed to light.
SOLAR MODULEA grouping of solar cells with the purpose of harvesting solar energy.
A.
Accessory solar energy systems shall be permitted as a rooftop installation
in any zoning district. The panels shall not exceed eight inches in
height from the surface of a sloping roof pitched more than three
inches in 12 inches, and shall not exceed the total height of a building
by more than five feet. In no event shall the total height of the
building with the accessory solar energy systems exceed the height
limitations within the applicable zoning district or established by
Federal Aviation Airport height standards and restrictions.
B.
Accessory solar energy systems shall be permitted as a ground-mounted
or wall-mounted installation in the Light Industrial Zone only and
shall not be more than 12 feet in height above the ground.
C.
Ground solar arrays shall not emit glare onto adjoining property
or onto adjoining roadways.
D.
Ground arrays shall not exceed 50% of the principal building floor
area.
E.
Ground solar arrays shall not be used for advertisement, political
or social statement. No signage of any type shall be permitted, with
the exception of any mandated warnings required by the state building
or fire code or any other standard.
F.
All solar arrays shall be installed in accordance with the State
of New Jersey adopted codes and regulations in effect at the time
of installation, or the most recent version of the International Building
Code.
G.
Where a subdivision or land development involves the use of solar
energy systems, solar easements may be provided. Said easement shall
be in writing and shall be subject to the same conveyance and instrument
recording requirements as other easements. A solar easement shall
include:
(1)
A description of the dimensions of the easement including vertical
and horizontal angles measured in the degrees or the hours of the
day, on specific dates, during which direct sunlight to a specified
surface of structural design feature may not be obstructed.
(2)
Restrictions on the placement of vegetation, structures, and
other objects, which may impair or obstruct the passage of sunlight
through the easement.
(3)
Enumerate terms and conditions, if any, under which the easement
may be revised or terminated.
(4)
If required, an accessory solar energy system owner and/or operator
must obtain any solar easements necessary to guarantee unobstructed
solar access by separate civil agreement(s) with adjacent property
owner(s).
H.
Prior to the issuance of any approval, or permit, applicants must
acknowledge in writing that the issuing of said permit for a solar
energy system shall not and does not create in the property owner,
its, his, her, or their successors and assigns in title or, create
in the property itself: a) the right to remain free of shadows and/or
obstructions to solar energy caused by development of adjoining or
other property or the growth of any trees or vegetation on such property;
or b) the right to prohibit the development on or growth of any trees
or vegetation on such property.
I.
Decommissioning.
(1)
Each accessory solar energy system and all solar-related equipment
shall be removed by the owner of the property within 12 months of
the date when the use has been discontinued or abandoned by system
owner and/or operator, or upon termination of the useful life of same.
(2)
The accessory solar energy systems shall be presumed to be discontinued
or abandoned if no electricity is generated by such solar collector
for a period of 12 continuous months.
(3)
The accessory solar energy system owner shall, at the request
of the Borough Official, provide information concerning the amount
of energy generated by the accessory solar energy system in the last
12 months.
J.
Permit requirements.
(1)
Site plan approval shall be required prior to the installation
of any accessory solar energy system.
(a)
Applications shall document compliance with the section and
shall be accompanied by drawings showing the location of the system
on the building or property, including property lines, and all required
zoning data, schedules, and bulk requirements.
(2)
Building permits shall be issued only after site plan approvals
and other governmental prior approvals have been obtained by the property
owner.
(3)
All approvals shall be in conformance with this article.
(4)
The accessory solar energy system must be properly maintained
and be kept free from all hazards, including but not limited to faulty
wiring, loose fastenings, being in an unsafe condition or detrimental
to public health, safety or general welfare. In the event of a violation
of any of the foregoing provisions, the Zoning Officer or Construction
Official shall give written notice specifying the violation to the
owner of the accessory solar energy system to conform or to remove
the violation under penalty of the law.
A.
The minimum yard setbacks from side and rear property lines shall
be equivalent to the principal structure setback in the zone district.
B.
A ground-mounted accessory solar energy system shall not be located
in front yards or between the principal building and the public street.
C.
A ground-mounted accessory solar energy system may be located in
the portion of the yard in front of the principal building and outside
of the required front yard setback provided that vegetative screening
is provided.
Ground-mounted accessory solar energy systems shall not exceed
12 feet in height above the ground elevation surrounding the systems.
A.
The area beneath the ground-mounted accessory solar energy system
is considered pervious cover and shall be maintained as such. However,
use of impervious construction materials under the system shall cause
the area to be considered impervious and subject to the impervious
coverage limitations for the underlying zoning district.
C.
The total surface area of the arrays of ground-mounted accessory
solar energy systems on the property shall not exceed more than 15%
of the lot area or 50% of the principal building floor area.
D.
The applicant shall submit a stormwater management plan that demonstrates
compliance with the Borough Engineer's recommendations and/or the
Borough stormwater management regulations.
Ground-mounted accessory solar energy systems shall be screened
from any adjacent property or public right-of-way in the following
manner:
A.
Screening along front yards shall consist of double row evergreen
planted material staggered six feet, zero inches, on centers in front
of or on top of earth berms. Behind the landscaped berm there shall
be an additional decorative brick masonry wall constructed to a minimum
height of eight feet, zero inches, above the grade along the front
yard. A combination of an earth berm and decorative brick masonry
wall may be installed to achieve the minimum height of eight feet,
zero inches, all along the front yard grade.
B.
Screening along rear and side yards shall consist of single row evergreen
planted material a minimum of six feet, zero inches, high at time
of installation spaced no more than six feet, zero inches, on center
of the appropriate species as approved by the Borough Engineer.
C.
Where a property is adjacent to a residential zone, screening shall
consist of a fifteen-foot-wide buffer of plant materials which provides
a visual screen or a solid decorative fence and fifteen-foot buffer.
D.
Appropriate safety/warning signage concerning voltage shall be placed
at ground-mounted electrical devices, equipment, and structures. All
electrical control devices associated with the accessory solar energy
system shall be locked to prevent unauthorized access or entry.
E.
Ground-mounted accessory solar energy systems shall not be placed
within any legal easement or right-of-way location, or placed within
any stormwater conveyance system or in any other manner that would
alter or impede stormwater runoff from collecting in a constructed
stormwater conveyance system.
A.
Principal solar energy systems shall be permitted by special exception
as a conditional use in the Light Industrial Zone.
B.
Principal solar energy systems shall receive prior approval from
the State of New Jersey and shall be subject to applicable industry
safety standards including Underwriters Laboratories, American National
Standards Institute, the American Society for Testing and Materials,
Institute of Electrical and Electronics Engineers, Solar Rating and
Certification Corporation, and other standards deemed to be appropriate
by the authority having jurisdiction.
C.
All on-site transmission and plumbing lines shall be placed underground
to the extent feasible.
D.
The owner of a principal solar energy system shall provide the Borough
written confirmation from the State of New Jersey that the public
utility company to which the principal solar energy system will be
connected has been informed of the customer's intent to install a
grid connected system and approved of such connection.
A.
All principal solar energy systems shall be placed such that concentrated
solar radiation or glare does not project onto nearby structures or
roadways.
B.
The applicant has the burden of proving that any glare produced does
not have significant adverse impact on neighboring or adjacent uses
either through siting or mitigation.
A.
A noise study will be performed and included in the application.
The noise study will be performed by an independent noise study expert
and paid for by the applicant. Noise from a principal solar energy
system shall not exceed 45 dBA, as measured at the property line.
B.
The principal solar energy system owner and operator shall maintain
a phone number and identify a person responsible for the public to
contact with inquiries and complaints throughout the life of the project
and provide this number and name to the Borough. The principal solar
energy system owner and/or operator shall make reasonable efforts
to respond to the public's inquiries and complaints.
A.
Each principal solar energy system and all solar-related equipment
shall be removed by the owner of the property within 12 months of
the date when the use has been discontinued or abandoned by system
owner and/or operator, or upon termination of the useful life of same.
B.
The principal solar energy systems shall be presumed to be discontinued
or abandoned if no electricity is generated by such solar collector
for a period of 12 continuous months. The owner of the principal solar
energy system shall then have 12 months in which to dismantle and
remove the principal solar energy system including all solar-related
equipment, buildings, cabling, electrical components, roads, foundations,
and other associated facilities from the property. If the owner fails
to dismantle and/or remove the principal solar energy system within
the established time frames, the Borough may complete the decommissioning
at the owner's expense.
Prior to the issuance of any approval, or permit, applicants
must acknowledge in writing that the issuing of said permit for a
solar energy system shall not and does not create in the property
owner, its, his, her, or their successors and assigns in title or,
create in the property itself: a) the right to remain free of shadows
and/or obstructions to solar energy caused by development of adjoining
or other property or the growth of any trees or vegetation on such
property; or b) the right to prohibit the development on or growth
of any trees or vegetation on such property.
A.
Principal solar energy systems shall comply with Borough subdivision
and land development requirements. The installation of the principal
solar energy system shall be in compliance with all applicable permit
requirements, codes, and regulations.
B.
The principal solar energy systems owner and/or operator shall repair,
maintain and replace the principal solar energy systems and related
solar equipment during the term of the permit in a manner consistent
with industry standards as needed to keep the principal solar energy
system in good repair and operating condition.
A.
Minimum lot size.
(1)
The principal solar energy system shall meet the lot size requirements
of the Light Industrial Zone District.
B.
Setbacks.
(1)
Principal solar energy systems shall comply with all the setbacks
of the Light Industrial Zone District for principal buildings and
structures.
C.
Height.
(1)
Ground-mounted principal solar energy systems shall comply with
all applicable building height restrictions in the Light Industrial
Zone, but in no case shall they exceed 15 feet, zero inches, in height.
D.
Impervious coverage.
(1)
The area beneath the ground-mounted principal solar energy system
is considered pervious cover. However, use of impervious construction
materials under the system shall cause the area to be considered impervious
and subject to the impervious surfaces limitations for the Light Industrial
Zone.
(2)
The applicant shall submit a stormwater management plan that
demonstrates compliance with the Borough stormwater management regulations,
or the applicable standards required by the Borough Engineer.
E.
Screening.
(1)
Ground-mounted principal solar energy systems shall be screened
from any adjacent property or public right-of-way in an approved manner.
(2)
Screening along front yards shall consist of double row evergreen
planted material of the appropriate size and species staggered six
feet, zero inches, on centers or by decorative masonry walls or by
a combination of both as may be approved by the Borough Engineer.
(3)
Screening along rear and side yards may consist of single row
evergreen planted material of the appropriate size and species as
approved by the Borough Engineer.
(4)
Where a property is adjacent to a residential zone, screening
shall consist of a fifteen-foot-wide buffer of plant materials which
provides a visual screen or a solid decorative fence and fifteen-foot
buffer.
(5)
Appropriate safety/warning signage concerning voltage shall
be placed at ground-mounted electrical devices, equipment, and structures.
All electrical control devices associated with the principal solar
energy system shall be locked to prevent unauthorized access or entry.
(6)
Ground-mounted principal solar energy systems shall not be placed
within any legal easement or right-of-way location, or placed within
any stormwater conveyance system or in any other manner that would
alter or impede stormwater runoff from collecting in a constructed
stormwater conveyance system.
F.
Security.
(1)
All ground-mounted principal solar energy systems shall be completely
enclosed by a minimum eight-foot-high fence with self-locking gate.
(2)
A clearly visible warning sign shall be placed at the base of
all pad-mounted transformers and substations and on the fence on the
surrounding area warning of potential voltage hazards.
G.
Access.
(1)
At a minimum, a twenty-five-foot-wide access road must be provided
from a state, county, or local roadway into the site.
(2)
At a minimum, a twenty-foot-wide cartway shall be provided between
the solar arrays to allow access for maintenance vehicles and emergency
management vehicles including fire apparatus and emergency vehicles.
Cartway width is the distance between the bottom edge of a solar panel
to the top edge of the solar panel directly across from it.
(3)
The ground-mounted principal solar energy systems shall not
be artificially lighted except to the extent required for safety or
applicable federal, state, or local authority.
(4)
If a ground-mounted principal solar energy system is removed,
any earth disturbance resulting from the removal must be graded and
reseeded.
H.
Roof- and wall-mounted principal solar energy systems.
(1)
For roof- and wall-mounted systems, the applicant shall provide
evidence that the plans comply with the Uniform Construction Code
and adopted building code of the State of New Jersey and that the
roof or wall is capable of holding the load imposed on the structure.
(2)
Principal solar energy systems mounted on the roof or wall of
any building shall be subject to the maximum height regulations of
the Light Industrial Zone.
Each section, subsection, sentence, clause and phrase of this
article is declared to be an independent section, subsection, sentence,
clause and phrase, and the finding or holding of any such portion
of this article to be unconstitutional, void, or ineffective for any
cause, or reason, shall not affect any other portion of this article.
All other ordinances of the Borough, or parts thereof, which
are in conflict with this article are hereby repealed to the extent
of such conflict.
This article shall be in full force and effect from and after
its adoption and any publication as may be required by law.
