[Amended 11-13-2002 by Ord. No. 504-2002; 5-20-2003 by Ord. No. 512-2003]
A. Recognizing that certain uses, activities and structures are necessary
to serve the needs and convenience of the Township and at the same
time recognizing that such uses may be or become inimical to the public
health, safety, and general welfare if located and operated without
proper consideration being given to existing conditions and character
of the surrounding area, such uses are hereby designated as permitted
conditional uses.
B. In addition to other powers conferred by this chapter and applicable
statutes, the combined Township Planning and Zoning Board shall have
the original jurisdiction and power to grant a conditional use. Failure
to meet all of the requirements of the conditional use shall constitute
the need for a use variance application.
[Amended 11-13-2002 by Ord. No. 504-2002; 5-20-2003 by Ord. No. 512-2003]
Home crafts, as defined by this chapter, may be permitted in
R-1, R-2 or R-3 Residential Districts only and as a conditional use
provided that the following standards are met:
A. A home craft shall be carried on entirely within a single-family
detached dwelling and shall not exceed 20% of the total habitable
floor area of the first floor of the principal structure. A home craft
shall not be permitted within an accessory structure.
B. There are no exterior or interior alterations of the principal structure
such that the residential use cannot reasonably be continued.
C. The home craft is performed only by one member of the family living
within the principal structure. No more than one home craft may be
performed in one single-family residential building.
D. No on-site signage is permitted.
E. Home craft operations shall be approved administratively by the Zoning
Officer provided that the applicant submits a survey of the property
prepared by a New Jersey professional land surveyor indicating all
building setbacks. In addition, the applicant shall provide a scaled
layout of the first floor of the dwelling indicating the area to be
dedicated to the home craft.
[Amended 11-13-2002 by Ord. No. 504-2002; 5-20-2003 by Ord. No. 512-2003; at time of adoption
of Code (see Ch. 1, General Provisions, Art. II)]
Home professional offices, as defined by this chapter, may be
permitted in the R-1, R-2, and R-3 Residential districts only and
as a conditional use provided that the following standards are met:
A. A home professional office shall be carried on entirely within a
single-family detached structure and shall not exceed 50% of the total
habitable first floor area of the structure. A home professional office
shall not be permitted in a accessory structure.
B. No such home professional office shall require exterior alterations
of the residential structure which will cause the structure to be
in nonconformance with the bulk requirements of the zoning district.
C. A home professional office shall permit the employment of not more
than two employees who are not permanent residents of the residential
structure.
D. Three off-street parking spaces are provided in addition to those
required for residential use.
E. A home professional office shall be approved under the requirements
of a minor site plan application to the Planning and Zoning Board.
[Amended 11-13-2002 by Ord. No. 504-2002; 5-20-2003 by Ord. No. 512-2003]
Residential business operations are permitted in the PBI Zoning
District only and as a conditional use provided that the following
standards are met:
A. A single-family residential structure must already exist on the property
as of November 31, 2002, according to the Property Record Card on
file with the Municipal Tax Assessor. The minimum lot area shall be
one acre.
B. The business operation shall only be performed within a detached
accessory structure not to exceed 1,000 square feet in total floor
area. The detached single-family structure must remain and be occupied
by the owner/operator/licensed professional of the business operation.
No part of the business shall be operated within the residential structure.
C. The uses permitted in a residential business operation shall be limited
to minor appliance repair and sales, professional office (physician,
attorney, engineer, architect, planner, realtor, beautician, optometrist,
optician, veterinarian, or accountant), lawn mower repairs and sales,
and sporting good sales. No food preparation or sales and no automobile
repair or sales will be permitted as a residential business operation.
D. No more than three additional employees shall be permitted in the
residential business operation.
E. Hours of operation shall be confined to between 8:00 a.m. and 7:00
p.m., Monday through Saturday.
F. Off-street parking shall be provided at the rate of one per employee
plus two visitor spaces as well as the required residential parking.
The business operation parking shall be established separate from
the residential parking; however, the same access point shall be maintained.
G. Not more than two business vehicles will be permitted to remain overnight,
separate from the property owner's vehicle, which may also be a business
vehicle. No tractor trailers, dump trucks, flat beds, or other construction-type
vehicles will be permitted to be stored on the site.
H. A residential business operation shall be established through the
submission of a minor site plan application to the Planning and Zoning
Board.
[Amended 11-13-2002 by Ord. No. 504-2002; 5-20-2003 by Ord. No. 512-2003]
Limited commercial uses are permitted in the R-3 Zoning District
of the Village of Fairton only as conditional uses provided that the
following standards are met:
A. The commercial operation shall be confined to the first floor of
an existing single-family detached dwelling.
B. The single-family dwelling shall be owner occupied and the commercial
operation shall be run by the same owner.
C. Commercial operations shall be limited to sporting goods sales, professional offices as described in §
450-22, Residential business, restaurant (not more than 25 seats), delicatessen, bait and tackle shop, bicycle sales and repair, hardware sales, and antique and art sales. No machine repair or sales of any kind will be permitted. All commercial activity shall be confined to the existing structure.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
D. Hours of operation shall be limited to between 7:30 a.m. and 7:00
p.m., Monday through Friday. Saturdays are limited to between 9:00
a.m. and 4:00 p.m. No commercial activity will be permitted on Sundays.
The hours can be modified by the Planning and Zoning Board based on
the proposed commercial activity.
E. Only one commercial activity will be permitted in each dwelling.
F. Total number of employees shall be limited to four, not including
family members who reside with the owner.
G. One off-street parking space shall be provided for each of the employees
as well the required parking for the residential unit.
H. The modifications necessary to incorporate the commercial use shall
not change the exterior layout of the existing structure and all electrical
and mechanical equipment shall be confined to the rear yard. All restaurants
shall carry all ventilation discharge to the roof of the existing
structure and vented vertically.
I. A commercial use within the Fairton Village R-3 Residential Zoning
District shall be submitted for approval to the Planning and Zoning
Board as a minor site plan.
[Amended 11-13-2002 by Ord. No. 504-2002; 5-20-2003 by Ord. No. 512-2003]
Motor vehicles service stations may be conditionally permitted
in the PBI Zoning District, provided that the following standards
are met:
A. No motor vehicle service station or public garage shall be located
within 500 feet or any public entrance to a school, library, hospital
or charitable institution. Such distance shall be measured in a straight
line from said public entrance to the lot line nearest said entrance
along the street line.
B. In addition to the information required in the major site plan application,
the plan shall also show the number and location of fuel tanks to
be installed, the dimensions and capacity of each storage tank, the
depth the tanks will be placed below the ground, the number and location
of pumps to be installed, the type of structure and access or building
to be constructed, and the number of automobiles which are to be garaged.
No aboveground storage tanks will be permitted.
C. For motor vehicle service stations, accessory goods for sale may
be displayed on the pump island and the building island only. The
outdoor display of oil cans and/or antifreeze and similar products
may be displayed on the respective island if provided for in a suitable
metal stand or rack. No outside storage of nonrelated vehicle supplies
will be permitted.
D. Any repair, washing, drying or servicing of motor vehicles shall
be performed in a fully enclosed building and no motor vehicles shall
be offered for sale on the site. No motor vehicle parts or partially
dismantled motor vehicles shall be stored outside of an enclosed building.
E. For motor vehicle service stations, all fuel pumps shall be located
a minimum of 30 feet from the front property line and 40 feet from
any side yard. Buildings shall meet the bulk setback requirements
for PBI Zoning District.
F. Accesses, pump areas, and parking areas shall be either concrete
or asphalt based on the amount of traffic and use as determined by
the Planning and Zoning Board.
G. Off-street parking areas shall be provided, exclusive of pump areas
or travel lanes, at the requirement of three parking spaces for each
service bay. For stations without bays, there shall be one space per
employee per shift.
H. Where such uses abut another property, there shall be a landscaped
buffer strip at least 10 feet in width along the side and rear property
lines. Buffer strips and screening shall be in accordance with the
design standards.
I. Access shall be limited to two twenty-four-foot wide driveways along
each public street.
J. Accessways shall not be more than 24 feet wide at any point. Accessways
must be 10 feet from any side lot line and 30 feet from the intersection
of street lines. No more than two accessways shall be permitted for
each 100 feet of street frontage.
K. Retail sale of food and beverages is permitted provided that there
is no indoor or outdoor seating and there are not drive-through windows.
Building and lot coverages must meet the requirements of the PBI Zoning
District.
L. Motor vehicle service stations may only be approved through the submission
of a major site plan application to the Planning and Zoning Board.
[Amended 12-18-2012 by Ord. No. 17-2012]
A. Purpose. Cluster development is a method of developing land in a
manner that balances development with the provision and protection
of viable open spaces, conservation areas, floodplains, school sites,
recreation areas, and parks. The purpose of the cluster/conservation
subdivision provisions is to provide for a flexible subdivision design
approach that considers the environmental and physical attributes
of a site, the site's relationship to the surrounding area, and the
most desirable and appropriate locations for development and site
disturbance. The cluster/conservation design provisions are intended
to provide a framework that balances residential development with
the protection of well-planned open spaces, including passive and/or
active recreation areas, valuable agricultural land, and wooded and
environmentally sensitive lands. It is anticipated that the cluster
provisions will allow residential developments to be constructed at
a lower cost per dwelling for streets, utilities and other site improvements,
while also providing open space and/or recreational opportunities
that are responsive to the physical characteristics of the site and
that are appropriate to the needs of the community. The cluster/conservation
design provisions may reduce the amount of clearing, grading, and
construction disturbance resulting from subdivisions and will increase
the quantity and quality of open spaces in the community, while providing
a desirable visual environment through creative development techniques
and design arrangements.
B. In order to minimize the impact that development will have within
the Agricultural Zone, clustering is mandatory on all major subdivisions
involving tracts in excess of 50 acres. Tracts of less than 50 acres
have the option to use the cluster techniques.
C. Cluster development shall be permitted in the Agricultural District
as further specified on the "Schedule of District Regulations - Fairfield
Township."
D. No increase in density shall be permitted when clustering.
E. Cluster developments shall further conform to application requirements, review, design and improvement standards and other regulations contained in Chapter
400, Subdivision of Land and Site Plan Review, §
400-11, Cluster development.
F. Cluster/conservation design procedure. In designing a cluster/conservation
subdivision, the following steps should be followed to ensure that
the design is consistent with the intent and purpose of the cluster/conservation
subdivision provisions:
(1) Identify primary (wetlands, floodplains, steep slopes) and secondary
conservation areas (woodlands, large trees over 24 inches, hedgerows,
prime agricultural soils, important wildlife habitats, proposed greenway
corridors or recreation areas, historic and cultural sites and structures).
The Township's Environmental Resources Inventory may be used for reference.
(2) Locate development areas to protect the conservation and recreation
areas and to maximize views of and access to the open space.
(3) Lay out roads, pedestrian and bike trails, and stormwater management
areas.
(4) Draw lot lines consistent with the zoning requirements.
(5) Building lots must contain a minimum of 8,000 square feet of developable
upland areas for single-family homes.
G. Open space requirements.
(1) A minimum of 40% of the developable tract shall be permanently preserved
as open space.
(2) On lots that have been in agricultural use, open space areas shall
be selected with consideration for the potential for continued agricultural
use. Criteria include prime agricultural soils, access, existing agricultural
structures and regional agricultural pattern.
(3) A conservation, farmland, or recreation easement restriction shall
be placed on open space areas depending on their intended use to ensure
that the land will be preserved in perpetuity.
(4) Protected conservation or open space lands on one developed parcel
should adjoin the conservation and open space lands on the adjoining
parcels, in order to realize an interconnected network of agriculture,
open spaces and/or greenways over time.
(5) Where open space areas intended for active or passive recreation
are behind residential lots, the open space area must have a minimum
street frontage of 75 feet to ensure access to the residents of the
development.
(6) Where clustering yields lands which are to remain in active agriculture,
a one-hundred-foot buffer shall be provided to separate the residential
uses from the on-site and off-site agricultural use. Consideration
should be given to the mitigation of site specific agricultural nuisance
factors.
Residents of the Township may hold yard sales upon obtaining
a permit from the Township Clerk, issued in accordance with the following:
A. There shall be no fee for the permit.
B. All signs advertising the sale shall be removed within 24 hours upon
completion of the sale.
C. The length of sales period shall not exceed two days and there shall
be a limit of five such sales per year per family or organization.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Hospitals, convalescent homes, and philanthropic or eleemosynary
uses may be permitted in the R-1, R-2, or R-3 zone or district, upon
application to the Fairfield Township Planning and Zoning Board for
a conditional use permit and compliance with the following standards
and conditions:
A. A set of plans, specifications and plot plan shall be filed in triplicate
with the Zoning Officer for submission to the Fairfield Township Planning
and Zoning Board. The plans, specifications, and plot plan shall show
overall dimensions, topographic conditions, the location and intended
use of existing or proposed buildings, the relationship of the proposed
use to public streets and adjacent properties, and any other physical
features which might act as a deterrent to the general welfare of
the community.
B. The parcel upon which said use is proposed must contain a minimum
of two acres of land, a minimum roadway frontage of 200 feet, a minimum
front yard of 75 feet, a minimum lot width requirement of 150 feet,
a minimum lot depth requirement of 150 feet, a minimum side yard of
40 feet, a minimum rear yard of 40 feet, a minimum habitable floor
area of 10 feet, a maximum height of 35 feet, and width of buffer
strips along property line of 15 feet.
C. Off-street parking space shall be only in the side or rear yard areas,
not within 10 feet of any property line, and shall be provided in
accordance with the following standards: hospitals and convalescent
homes shall provide one off-street parking space for each two beds;
and philanthropic and eleemosynary uses shall provide one space for
each three beds, where beds are a function of the use, or one off-street
parking space for each 150 square feet of gross floor area where beds
are not a function of the use; all off-street parking provided within
30 feet of any property line shall be protected from adverse impact
upon adjacent properties through a visual screen of planting not less
than four feet on center of a type or types of planting approved by
the Township Engineer.
D. Sign regulations in regard to these uses shall be as defined and provided in the Fairfield Township Code, §
450-15.
E. All other requirements as set forth in this chapter for the zone
in which the proposed use is to be located shall be observed, and
the Planning and Zoning Board may grant a conditional use permit upon
determination that the proposed structure and use will serve a useful
purpose to the general welfare of the Township and will in no way
be detrimental to the surrounding property values.
[Added 12-18-2012 by Ord.
No. 16-2012]
A. Purpose. The purpose of this section is to encourage the use of renewable
energy facilities to produce electricity within the Township and to
reduce dependence on nonrenewable fuels in a manner consistent with
the Township's land use and environmental goals and objectives. The
primary purpose of an accessory small wind or solar energy system
is to provide power to the principal use of the property whereon said
system is to be located, as an accessory use. The primary purpose
of an accessory small wind or small solar energy system shall not
be for the generation of power for sale, although this provision shall
not be interpreted to prohibit the sale of excess power back to the
utility grid from time to time when the energy needs of the principal
use have been met. The primary purpose of a commercial solar energy
facility, which is a permitted principal use or permitted conditional
use in specified zoning districts, is to produce energy from renewable
sources for sale directly to a particular customer or by distribution
through the energy distribution infrastructure (the grid).
B. General requirements for renewable energy facilities.
(1) Solar energy facilities may be ground-mounted and/or mounted to principal
and accessory structures and buildings.
(2) All roof-mounted solar energy systems are considered an accessory
use.
(3) Solar panels do not count in the calculation of maximum lot coverage
or maximum impervious cover, unless the area under the system (excluding
the footings) consists of an impervious material, such as pavement.
Nevertheless, the design of the systems and the accessory structures
and other improvements (driveways, etc.) shall comply with all Township
stormwater, grading, and soil disturbance regulations.
(4) Ground-mounted solar facilities covering a gross area greater than
1,000 square feet shall provide soil stabilization in the form of
meadow grasses or agricultural area for shade crops or grazing farm
animals.
(5) To the extent practical, solar panels and wind turbines must be sited
to minimize the need to remove trees or other natural features from
setback areas unless acceptable replacement buffering is provided.
Trees within 50 feet of property lines must be maintained as a buffer.
For principal uses, trees proposed for removal in order to maximize
the productivity and efficiency of the solar energy system or for
grading must be identified on the site plan. Trees may not be removed
from wetlands or required wetland buffer areas unless a tree replacement
plan or buffer averaging plan is approved by the NJDEP. Clear-cutting
shall be strictly prohibited for the purpose of installing a renewable
energy facility.
(6) Site disturbance, including, but not limited to, grading, soil removal,
excavation, and soil compaction shall be minimized to the extent practical.
Roadways within the site should likewise be constructed to minimize
the extent of soil compaction.
(7) All electrical and control equipment shall be labeled and secured
to prevent unauthorized access.
(8) The renewable energy system shall not be used for displaying advertisements
for any product or service, except for the reasonable identification
of the manufacturer or operator of the system.
(9) Abandonment.
(a)
A small wind energy system or solar energy system that is out
of service for a continuous twelve-month period will be deemed to
have been abandoned.
(b)
The Zoning Officer may issue a notice of abandonment to the
owner. The notice shall be sent via regular and certified mail, return
receipt requested, to the owner of record.
(c)
The landowner shall have 30 days to respond. If information
is provided demonstrating that the system has not been abandoned,
then the Zoning Officer shall withdraw the notice.
(d)
Any abandoned system shall be removed at the owner's sole expense
within six months after the owner receives the notice of abandonment
from the Municipality. If the system is not removed within six months
of receipt of notice from the Township notifying the owner of such
abandonment, the Township may remove the system as set forth below.
(e)
When an owner of a wind or solar energy system has been notified
to remove same and has not done so six months after receiving said
notice, then the Township 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 re-vegetated
to blend with the existing surrounding vegetation at the time of abandonment.
(10)
Applicants are encouraged to enter into solar easements with
neighboring property owners in order to ensure continued access to
sunlight for a solar or photovoltaic system.
(11)
The installation shall conform to the National Electrical Code
as adopted by the New Jersey Department of Community Affairs (DCA).
(12)
The installation of a wind or solar energy system is subject
to all Atlantic City Electric Company (or its successor) requirements
for interconnection.
(13)
The height limitations provided in this chapter for specific
zoning districts shall not apply to wind and solar energy systems.
Wind and solar energy systems shall conform to the height restrictions
provided in this section.
C. Accessory renewable energy facilities (small wind and solar energy
facilities).
(1) The primary purpose of a small wind or solar energy system is to
provide power to the principal use of the property whereon said system
is located, as an accessory use. The primary purpose of a small wind
or small solar energy system under this section shall not be for the
generation of power for sale, although this provision shall not be
interpreted to prohibit the sale of excess power back to the utility
grid from time to time from a wind or solar energy system primarily
designated to meet the energy needs of the principal use. For the
purposes of this section, the sale of excess power shall be limited
so that in no event an energy system is generating more energy for
sale each month than the equivalent of what is otherwise necessary
to power the principal use(s) on the property.
(2) Small wind and solar energy systems shall only be permitted as an
accessory use on the same lot or tract of land as the principal use.
All energy systems require approval from the Zoning Officer and Construction
Code Official prior to installation. Applications for a renewable
energy system shall include information demonstrating compliance with
the provisions of this section. In the event that the Zoning Officer
or Construction Code Official finds that the provisions of this section
will not be satisfied, an applicant may apply to the Planning and
Zoning Board for a variance in accordance with the provisions of Municipal
Land Use Law (N.J.S.A. 40:55D-70).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(3) Renewable energy facilities (small wind and solar energy systems)
on farms. Small wind and solar energy systems are permitted on preserved
and unpreserved farms in any zoning district in accordance with P.L.
2009, Chapter 213 (approved on January 16, 2010), which permits solar
and wind generation facilities, structures, and equipment on the commercial
farm or within the exception area on a preserved farm, for the purpose
of generating power or heat. Prior to installing or constructing renewable
energy facilities the owner of a farm must apply to Fairfield Township
for a zoning permit and must apply to the New Jersey Department of
Agriculture as required by § 5 of P.L. 2009, c. 213, N.J.S.A.
4:1C-32.5.
(a)
For preserved farms, the following standards apply:
[1]
The wind and solar energy systems may not interfere significantly
with the use of the land for agricultural or horticultural production.
[2]
The wind and solar energy systems must be owned by the landowner
or will be owned by the landowner upon the conclusion of a term of
agreement with the installer of the renewable energy system.
[3]
The wind and solar energy systems must be used to power or heat
the farm, and to reduce energy costs on the farm.
[4]
The energy generation capacity must be limited to the previous
calendar year's energy demand plus 10% or at the option of the landowner
may be limited to occupy no more than 1% of the area of the entire
farm (including the preserved and unpreserved areas). This does not
include roof-mounted equipment that was already in place at the time
of the adoption of this section.
[5]
Energy produced may only be sold through net metering to ensure
that the energy produced is primarily used on site.
[6]
The landowner must seek and obtain approval of the State Agriculture
Development Committee before constructing, installing or operating
the wind or solar energy generation facilities, structures, equipment.
The landowner must provide Fairfield Township with a copy of the State
Agriculture Development Committee (SADC) approval.
[7]
The solar and wind energy generation systems must comply with the setbacks required in Subsection
C(4) and
(5) below as applicable.
(b)
For unpreserved commercial farms, the following standards apply:
[1]
In addition to other activities protected by the "Right to Farm,"
a commercial farm that conforms to generally accepted agricultural
management practices (AMPs) may engage in the generation of power
or heat from biomass, solar or wind energy consistent with applicable
laws and the agricultural management practices adopted by the State
Agriculture Development Committee (SADC).
[2]
The land used for the renewable energy system may be eligible
for farmland assessment if the following conditions are met:
[a] The property is part of an operating farm;
[b] In the prior tax year the land used for the renewable
energy system was valued, assessed, and taxed as agricultural or horticultural
land;
[c] The power or heat generated is used to provide
power or heat to the farm or agricultural or horticultural operation
supporting the viability of the farm, though not necessarily exclusively;
[d] The property owner has filed a conservation plan
with the soil conservation district to account for the aesthetic,
impervious coverage and environmental impacts of the renewable energy
facilities and the conservation plan has been approved by the district;
[e] Where ground-mounted solar panels are installed,
the property under the solar panels is used to the greatest extent
practicable for the farming of shade crops or for pasture grazing;
[f] The amount of acreage devoted to the structures
needed for the renewable energy facility does not exceed a ratio of
one to five for land devoted to renewable energy facilities and land
devoted to agricultural operations;
[g] The renewable energy facilities are constructed
or installed on no more than 10 acres of the farmland for which the
owner is applying for valuation, assessment and taxation and no more
than two megawatts are generated on the 10 acres or less; and
[h] Income received for energy generated may not be
considered income for farmland assessment eligibility.
[3]
The solar and wind energy generation systems must comply with the setbacks required in Subsection
C(4) and
(5) below as applicable.
(4) Small wind energy systems.
(a)
Small wind turbines are a permitted accessory use in specified
zoning districts subject to the following requirements:
[1]
The lot must be a minimum of one acre in size, provided the
lot size and dimensions are sufficient to meet the setback requirements
below.
[2]
Minimum setbacks. All wind turbines shall be set back from all
property lines a distance equal to 100% of the height of the structure
including the blades, or 100 feet, whichever is greater.
[3]
Wind turbines shall not be permitted in any front yard.
[4]
Maximum height. Freestanding wind turbines shall not exceed
a height of 80 feet on lots between one acre and three acres. On lots
consisting of three acres or more, the maximum height permitted is
150 feet. The maximum height shall include the height of the blades
at the highest point.
[5]
No more than one wind turbine shall be permitted per property,
unless the wind turbines are used to power a farm and more than one
is required.
[6]
Wind turbines shall not be permitted as a rooftop installation.
[7]
Wind turbines on residential properties shall have the nameplate
capacity of 100 kilowatts or less.
(b)
Noise. All wind energy systems shall comply with the following:
[1]
Between the wind turbine and a residential use or residential
zone, sound levels of the wind energy system shall not exceed 55 dBA
at a common property line or 50 dBA to the closest occupied structure.
[2]
In all other cases at a common property line sound levels of
the wind energy system shall not exceed 65 dBA.
[3]
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 over-speeding and excessive pressure on
the tower structure.
(d)
Wind energy systems shall not be artificially lighted, except
to the extent required by the Federal Aviation Administration (FAA)
or other applicable authority. Proposed lighting should be shown on
the plan and should be in accordance with FAA regulations.
(e)
All ground-mounted electrical and control equipment shall be
labeled and secured to prevent unauthorized access.
(f)
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 eight feet above the ground.
(g)
All moving parts of the wind energy system shall be a minimum
of 12 feet above ground level.
(h)
The blades on the wind energy system shall be constructed of
a corrosive-resistant material.
(i)
All guy wires and all parts of the wind energy system shall
be located on the same lot as the energy system.
(j)
The wind energy generation equipment must be painted or finished
to minimize visual impact. Neutral colors are required such as white,
grey or beige.
(k)
Approval required. All applications for small wind energy systems
shall be presented to the Planning and Zoning Board for minor site
plan approval.
[1]
Permit and site plan requirements. In addition to other normally
required application materials for site plan applications, the site
plan application shall be accompanied by a plot plan which includes
the following:
[a] Property lines and physical dimensions of the property;
[b] Location, dimensions, and types of existing structures
on the property;
[c] Location of the proposed small wind energy system
tower;
[d] The location of the right-of-way of any public
road that is contiguous with the property;
[e] The location of overhead utility lines;
[f] Small wind energy system specifications, including
manufacturer and model, rotor diameter, tower height, tower type (freestanding
or guyed);
[g] Tower and tower foundation drawings signed and
sealed by a professional engineer licensed in the State of New Jersey;
[h] Sound level analysis prepared by the wind turbine
manufacturer or qualified engineer, including noise levels of the
proposed wind energy system at all property lines and the closest
neighboring inhabited dwelling.
[i] A visual analysis must be submitted, including
photos of the subject property, that graphically simulates the appearance
of any proposed small wind energy system and indicating its view from
at least five locations around and within one mile of the proposed
tower.
[j] A report from a structural engineer containing
the following: a description of the tower, including a description
of the design characteristics and material; and documentation to establish
that the tower has sufficient structural integrity for the proposed
uses at the proposed location and meets the applicable minimum safety
requirements. The applicant shall provide evidence that the proposed
tower height does not exceed the height recommended by the manufacturer
for the wind turbine. Every two years the owner shall submit a structural
report to the Construction Office attesting to the structural integrity
of the tower and/or support system.
(5) Solar energy systems.
(a)
Solar panels shall be permitted as a rooftop installation in
any zoning district. The solar panels shall not exceed a height of
12 inches from the rooftop. In no event shall the placement of the
solar panels result in a total height, including building and panels,
greater than the height that is permitted in the zoning district which
they are located.
(b)
Solar panels shall be permitted as ground arrays in accordance
with the following:
[1]
All ground arrays shall be set back a minimum distance of 20
feet from all property lines in addition to any required agricultural
buffer in a residential zoning district or in conformance with the
bulk standards for accessory structures in commercial districts as
provided herein. Ground arrays shall not be permitted within any required
buffer area;
[2]
Ground arrays shall not be permitted in a front yard;
[3]
Ground arrays shall not include reflective mirrors to intensify
solar rays;
[4]
Ground arrays shall not exceed a height of 13 feet;
[5]
Ground solar arrays for accessory use may not exceed a gross
area of 1,000 square feet.
D. Commercial solar energy facilities.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1) Purpose. The purpose of this section is to provide flexibility within the specified zoning districts to permit commercial solar energy systems as a principal use on properties meeting the criteria set forth below. "Solar or photovoltaic energy facility or structure" has been defined in the New Jersey Municipal Land Use Law as an inherently beneficial use and the Township concurs that the provision of electricity generated at a renewable energy facility will benefit the community by promoting the public health, safety, and general welfare, as long as the facility will be in harmony with the Township's overall land use plans and will not negatively impact upon the Township's other goals and objectives. Where commercial solar energy facilities are a permitted principal use, the requirements are bulk requirements, and where commercial solar energy facilities are a permitted conditional use, the requirements are conditions. For renewable energy facilities as an accessory use, see Subsection
C.
(2) Minimum lot size requirements for commercial solar energy facilities.
These standards are bulk requirements for permitted uses and conditions
for conditional uses.
(a)
Industrial Zone (I): 10 contiguous acres.
(b)
Agricultural Zone (A): 40 contiguous acres.
(3) Agriculture retention.
(a)
Commercial solar energy facilities as a principal use are not an agricultural use. Solar energy systems are permitted in conjunction with preserved and commercial farms in accordance with Subsection
B.
(b)
Agriculture retention. It is the Township's intention to support the retention of the productive agricultural land base. Commercial solar facilities are not permitted on preserved farms (accessory solar facilities are permitted on preserved farms in accordance with Subsection
B). Within the Agricultural (A) zoning district, commercial solar energy facilities are permitted only when one of the following conditions are met:
[1]
The property is the subject of a valid vested major subdivision
approval at the time the commercial solar site plan application is
approved by the Planning and Zoning Board; or
[2]
Less than 50% of the lot consists of prime agricultural soils
and less than 70% of the lot consists of a combination of prime and
statewide important soils. To the extent possible, it is the Township's
intent to maintain this valuable farmland as an unfragmented agricultural
production area.
(c)
Buffers. If the property is adjacent to a permanently preserved
farm it shall buffer the solar facility from view with an opaque landscaped
screen consisting of a double row of evergreen trees, a minimum of
eight feet high at the time of planting.
(4) Requirements for commercial solar energy facilities.
(a)
Commercial solar energy systems shall require a minor site plan
approval if the gross area of ground mounted-systems, including the
aggregate area of disturbance for multiple systems, consists of 5,000
square feet or less, and major site plan approval if the proposal
consists of 5,000 square feet or more of disturbance. The site plan
must show the location of any proposed or existing substation, inverter,
transformer, or overhead transmission lines.
(b)
The solar energy system equipment may be located outside as
necessary for the function of the system, and is not limited by the
requirements of the underlying zoning districts limiting outdoor storage.
(c)
Setbacks. These standards are bulk requirements for permitted
uses and conditions for conditional uses.
[1]
Building structures, inverters, and equipment cabinets must
meet the following bulk and setback requirements.
[a] Front yard setback: 100 feet;
[b] Rear yard and side yard setback to residential
zone: 100 feet;
[c] Rear yard and side yard setback to nonresidential
zone: 50 feet;
[d] Maximum building height: 25 feet.
[2]
Ground arrays must be set back a minimum of 50 feet from all
property lines (or the agricultural buffer distance, whichever is
greater).
(d)
The maximum permitted height for ground arrays is 13 feet.
(e)
Office and storage buildings and equipment cabinets are permitted as accessory to a commercial solar energy operation in accordance with the setbacks in Subsection
D(4)(c)[1] above.
(f)
Substations shall be set back a minimum of 100 feet from all
property lines and must be buffered with evergreen trees.
(g)
Ground-mounted systems shall be screened from view with an opaque
visual screen containing a combination of plantings, a fence and/or
earthen berm, which must be approved at the time of site plan approval.
[1]
Evergreen trees shall be a minimum of six feet at the time of
planting and deciduous trees shall be a minimum of three inches caliper;
[2]
The screened buffer area shall be a minimum of 30 feet in width
to adjacent residential properties and 20 feet in width between nonresidential
properties and along public roads;
[3]
In addition to the perimeter screening standards, substations
shall be screened with a double row of evergreen plantings with a
minimum height of eight feet;
[4]
Existing vegetation including existing hedgerows or windbreaks
shall be retained to the extent practical to provide or partially
provide the required opaque visual screen.
(h)
The applicant must submit a narrative with the site plan application
explaining:
[1]
The intended consumers of the electricity produced;
[2]
The anticipated number of employees at the site and the anticipated
vehicle traffic;
[3]
Description of how the energy generated by the facility will
be transmitted to the larger electrical distribution system;
[4]
The type of solar or photovoltaic panels proposed;
[5]
How the facility will be maintained.
(i)
In addition to other required site plan information, the site
plan must illustrate the following:
[1]
The location of proposed and existing overhead and underground
utility and transmission lines;
[2]
Location and dimensions of any proposed or existing substations,
inverters or transformers;
[3]
Description of any necessary upgrades or modifications to existing
substations or the necessity for a new substation.
(j)
One off-street parking space is required for each employee anticipated
during the busiest shift, plus one visitor space.
(k)
All exterior electrical lines must be placed in a conduit pursuant
to National Electrical Code except for such portion of lines that
are connecting or will connect to overhead wires for the use of electricity
off site; and, except for such portion of lines that are connecting
or will connect to overhead wires for use of electricity off site,
exterior electrical lines shall be buried below the surface of the
ground where needed in order to comply with the National Electrical
Code or standards or regulations promulgated by the Department of
Community Affairs or the New Jersey Board of Public Utilities.