[Ord. No. 08-29-OAB § 1]
This chapter shall be known as the Small Wind Energy System
Ordinance.
[Ord. No. 08-29-OAB § 2]
The purpose of this chapter is to:
[Ord. No. 08-29-OAB § 1; Ord. No. 10-04-OAB]
In this chapter:
Shall mean the Township of Berkeley Zoning Officer.
Shall mean the Township of Berkeley Planning Board also known
as the Township of Berkeley Land Use Board.
Shall mean the State licensed Construction Official appointed
by the Township of Berkeley who is responsible for administering the
New Jersey State Uniform Construction Code Act.
Shall mean 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 transmit 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.
Shall mean the individual or entity that intends to own and
operate the small wind energy system in accordance with this chapter.
The individual or entity shall also have a proprietary interest in
the land upon which the small wind energy system is proposed to be
located.
Shall mean the cross sectional dimension of the circle swept
by the rotating blades of a wind-powered energy generator.
Shall mean a wind energy system, as defined in this section,
that:
Is used to generate electricity;
Has a nameplate capacity of 100 kilowatts or less; and
Is as high as necessary to capture the wind energy resource,
but not to exceed 135 feet. Where the property exceeds 20 acres, towers
of additional height may be permitted by the Planning Board based
on evidence presented in the record of the site plan hearing that
the additional height is necessary for the effective operation of
the system; and subject to compliance with the definition of "total
height" of this section.
Shall mean, in relation to a wind energy system, the vertical
distance measured from the average elevation of the finished grade
to the tip of a wind generator blade when the tip is at its highest
point. Additionally, the total height of the tower shall not exceed
the distance from the location of the tower to the closest property
line.
Shall mean a monopole, freestanding, or guyed structure that
supports a wind generator.
Shall mean a wind generator and all associated equipment,
including any base, blade, foundation, nacelle, rotor, tower, transformer,
vane, wire, inverter, batteries and/or other component necessary to
fully utilize the wind generator.
Shall mean equipment that converts energy from the wind into
the electricity. This term includes the rotor, blades and associated
mechanical and electrical conversion components necessary to generate,
store and/or transfer energy.
[Ord. No. 08-29-OAB § 4]
A small wind energy system shall be permitted use subject to
the following requirements in the Town Center District, Rural Highway
Business District, General Industrial District and in all zoning districts
located within the Pinelands Management Area. Further, a small wind
energy system shall be permitted in residential zones where the owner
and/or developer's property is a minimum of three acres in area.
a.
Setbacks. A wind tower for a small wind energy system shall be set
back a distance equal to the principal building setback line requirements.
Setbacks may be increased at the discretion of the Zoning Officer
for reasons of public safety in order to account for the distance
to overhead power lines. No portion of the wind generator shall extend
beyond the required setback line, nor into the following:
1.
Any public or private right-of-way, easement or leasehold, unless
written permission is granted by the government entity or private
party with jurisdiction over said area;
2.
Any overhead utility lines, or aerial easement for same, unless written
permission is granted by the utility or entity that owns and/or controls
the lines.
b.
Access.
1.
All ground-mounted electrical and control equipment shall be labeled
and secured to prevent unauthorized access.
2.
The tower shall be designed and installed so as not to provide step
bolts, a ladder, rungs or other publicly accessible means of climbing
the tower, for a minimum height of eight feet above the ground elevation.
3.
All towers shall be constructed so as to limit access to only authorized
personnel and shall contain appropriate safety measures to assure
compliance with all Federal and State occupational safety requirements.
c.
Electrical Wires. All electrical wires associated with a small wind
energy system shall be located underground when practicable. All wires
not located underground, including but not limited to wires necessary
to connect the wind generator to the tower wiring, the tower wiring
to the disconnect junction box and the grounding wires, shall be contained
within an appropriate conduit suitable for same.
d.
Lighting. A small wind energy system shall not be artificially light
unless such lighting is required by the Federal Aviation Administration.
e.
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 of finish is
approved in the building permit. All components of the system shall
be maintained in accordance with the most current requirements contained
within the Property Maintenance Code and the Uniform Construction
Code adopted by the Township.
f.
Signage. There shall be no signs that are visible from any public
road posted on a small wind generator system or any associated building,
except for the manufacturer's or installer's identification,
appropriate warning signs, or owner identification.
g.
Code Compliance. A small wind energy system shall comply with all
applicable construction and electrical codes, and the National Electrical
Code.
h.
Utility Notification and Interconnection. Small wind energy 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 as established by N.J.A.C. 14:4-9.
i.
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.
[Ord. No. 08-29-OAB § 5]
a.
Permits. An owner shall be required to make application for and obtain
minor site plan approval from the Berkeley Township Planning Board
prior to erecting any small wind energy system contemplated under
this chapter. Said application shall be made in accordance with the
procedures and requirements of Land Development Ordinance in effect
for the Township of Berkeley and the Municipal Land Use Law, N.J.S.A.
40:55D-1. A building permit shall also be required for the installation
of a small wind energy system.
b.
Documents. In addition to any requirements of the Township of Berkeley
Land Development Ordinances and application procedures, the zoning
application shall be accompanied by a plot plan which includes the
following:
1.
Property lines and physical dimensions of the property;
2.
Location, dimensions, and types of existing principal and accessory
structures on the property;
3.
Location of the proposed small wind energy system tower;
4.
The right-of-way delineation of any public road that is contiguous
with the property;
5.
Any overhead utility lines within 300 feet of the outbound property
lines;
6.
Easements;
7.
Small wind energy system specifications, including manufacturer and
model, rotor diameter, tower height, tower type (freestanding or guyed);
8.
Detailed tower and tower foundation drawings, stamped and sealed
by a New Jersey licensed professional engineer;
9.
A map of the 200-foot area surrounding the subject property, showing
all affected lands and structures;
10.
A study conducted by a licensed professional engineer certifying
to the viability and feasibility of the small wind energy system at
the proposed location. This requirement may be waived for a meteorological
or met tower, at the discretion of the Zoning Officer.
c.
Fees. The fees for the small wind energy system minor site plan shall be in accordance with the Land Development Fees and Escrow Ordinance Article VI, § 35-8 et seq. of the Township of Berkeley.
d.
Expiration. Any minor site plan or other approval issued pursuant
to this chapter shall expire if:
[Ord. No. 08-20-OAB § 6]
In lieu of the permit requirements of Subsection 34-1.5, the Governing Body or any other public agency, seeking to construct a wind energy system shall refer the specific plan to the Planning Board for review and recommendation pursuant to the terms of the Municipal Land Use Law, N.J.S.. 40:55D-31.
[Ord. No. 08-29-OAB § 7]
a.
A small wind energy system that is out-of-service for a continuous
twelve-month period will be deemed to have been abandoned.
b.
The Administrator may issue a Notice of Abandonment to the owner
of a small wind energy system that is deemed to have been abandoned.
The notice shall be sent via regular mail and certified mail return
receipt requested to the owner of record as it appears on building
permit and, if different, the current tax duplicate of the Township.
c.
The owner shall have the right to respond to the Notice of Abandonment
within 30 days from Notice receipt date.
d.
If the owner provides information that satisfactorily demonstrates
to the Administrator that the small wind energy system has not been
abandoned, the Administrator shall withdraw the Notice of Abandonment
and notify the owner that the notice has been withdrawn.
e.
If the Administrator determines that the small wind energy system
has been abandoned, the owner of the small wind energy system shall
remove the wind generator and the tower at the owner's sole expense
within six months after the owner receives the Notice of Abandonment.
[Ord. No. 08-29-OAB § 8]
No building permit shall be issued for a small wind energy system
without prior minor site plan approval from the Berkeley Township
Planning Board.
[Ord. No. 08-29-OAB § 9]
a.
It is unlawful for any person to construct, install, or operate a
small wind energy system that is not in compliance with this chapter
or with any condition contained in a building permit issued pursuant
to this chapter.
[Ord. No. 08-29-OAB § 10]
a.
This chapter shall be administered by the Administrator or other
official as designated.
b.
The Administrator and/or Construction Official may enter any property
for which a building permit has been issued under this chapter to
conduct an inspection to determine whether the conditions stated in
the permit have been met.
c.
The Administrator and/or Construction Official may direct the Township
Code Enforcement Officer to issue orders to abate any violation of
this chapter.
d.
The Administrator and/or Construction Official may direct the Township
Code Enforcement Officer to issue a citation for any violation of
this chapter.
e.
The Administrator may refer any violation of this chapter to the
Township Attorney for enforcement.
[Ord. No. 08-29-OAB § 11]
a.
Any person, partnership, firm or corporation who fails to comply
with any provision of this chapter or a building permit issued pursuant
to this chapter shall be subject to enforcement and penalties and
upon conviction be subject to a fine of up to $500 or up to 30 days
imprisonment, or both.
b.
Nothing in this section shall be construed to prevent the Township
of Berkeley from using any other lawful means to enforce this chapter.
[Ord. No. 10-09-OAB]
The intent of this section is to regulate and control application
of chemicals, particularly fertilizers, which may be washed into or
carried into the waters surrounding Berkeley Township as a result
of rain runoff and snow melt.
[Ord. No. 10-09-OAB]
a.
The Township of Berkeley desires to promote and regulate matters
which benefit the health, safety and welfare of the citizens of the
Township. There are numerous scientific reports which have demonstrated
that the improper and excessive application of fertilizer and fertilizer
products may have an adverse impact on surface waters and ground waters.
The United States Environmental Protection Agency, State of New Jersey
Department of Environmental Protection, and numerous environmental
organizations have recognized that one of the major factors which
are detrimentally affecting the bays, lagoons, estuaries, marshes,
wetlands, fish nurseries and ground water is nonpoint source pollution.
The same groups have determined that the sources of nonpoint pollution
include among other things the runoff of chemicals and related substances
originating from the improper application of fertilizers.
b.
The geological composition of the soils in Berkeley Township consist
primarily of sand and sandy soil which have little ability to remove
nitrates, phosphates nutrients and other common ingredients found
in chemical fertilizers. The common fertilizers which are readily
available in retail stores are regularly applied on residential and
commercial properties by property owners and landscapers, but there
are no Federal, State, County or local laws regulating or restricting
the application of such products.
c.
It is accepted by the scientific community that excess phosphorus,
a common element in many chemical fertilizers, into the waterways
may cause accelerated growth of algae and other aquatic vegetation
which may interfere with the naturally occurring aquatic life, recreation,
fisheries, and agriculture. The accelerated algae growth and aquatic
vegetation has been shown to have a detrimental affect on the waterways
through oxygen depletion and temperature increase and these detrimental
impacts threaten individual animal species and may cause a reduction
in the diversity of life in the waters.
d.
A continuation of the adverse impacts of improper fertilizer applications
on the waters surrounding Berkeley Township will also have a detrimental
affect on the economy as well as pose potential risks to the health,
safety and welfare of the citizens of the Township. As a result of
the foregoing, the Township believes it is desirable to enact an ordinance
which will restrict the improper application of fertilizer products
and also advise the public and landscaping operators who perform services
in the Township of the proper timing and methods of fertilizer application.
[Ord. No. 10-09-OAB]
For the purpose of this section, the following terms shall have
the meanings stated herein. The word "shall" is always mandatory and
not merely directory.
a.
APPLICATOR – Shall mean any person who applies fertilizer products
to soils or turf.
b.
BUFFER – Shall mean the land area, 25 feet in width, adjacent
to any waterbody.
c.
COMMERCIAL FARM – Shall mean a farm management unit producing
agricultural or horticultural products worth $2,500 or more annually.
d.
FERTILIZER – Shall mean a fertilizer material, mixed fertilizer
or any other substance containing one or more recognized plant nutrients,
which is used for its plant nutrient content, and that is designed
for use or claimed to have value in promoting plant growth, and which
is sold, offered for sale, or intended for sale.
e.
IMPERVIOUS SURFACE/IMPERVIOUS LOT COVERAGE – Shall mean a surface
covering the natural earth which inhibits water percolation into the
natural earth, thereby causing surface water to drain off the site
of the surface covering rather than be absorbed into the soil constituting
the lot upon which the surface covering is placed.
f.
LANDSCAPE PROFESSIONAL – Shall mean a person or business that,
in exchange for pay, goods, services or other consideration, applies
fertilizer products to soil or turf.
g.
PHOSPHORUS FERTILIZER – Shall mean any fertilizer that contains
phosphorus, expressed as P2O5, with a guaranteed analysis of greater than zero; except that it
shall not be considered to include manipulated animal manures, vegetable
manures, biosolids, agricultural liming materials, or wood ashes that
have not been amended to increase their nutrient content.
h.
SOIL TEST – Shall mean a technical analysis of soil conducted
by an accredited soil testing laboratory following the protocol for
such a test established by the Rutgers Cooperative Research and Extension.
i.
WATERBODY – Shall mean a surface water feature, such as a lake,
river, stream, creek, pond, lagoon, bay, canal, estuary and any marine
waters.
j.
MANIPULATED – Shall mean treated by mechanical drying, grinding,
or pelletizing.
[Ord. No. 10-09-OAB]
Applicators shall be prohibited from engaging in any of the
following activities:
a.
The application of fertilizer to an impervious surface. Fertilizer
inadvertently applied to an impervious surface must be immediately
swept or blown back into the target surface or returned to its original
container or another appropriate container for reuse or disposal.
b.
The application of fertilizer between December 15 and February 15
or if the ground is frozen.
c.
The deposit of grass clippings, leaves or other vegetative debris
into waterbodies, retention or detention areas, drainage ditches or
stormwater drains, or onto impervious surfaces except during scheduled
cleanup programs.
d.
The use or application of fertilizer within any of Berkeley Township's
Wellhead Protection Overlay Zones.
e.
The application of fertilizer in excess of the manufacturer's
recommended rate.
f.
The application of any phosphorus fertilizer except as demonstrated
by a need for specific soils in accordance with a soil test and the
associated annual fertilizer recommendation issued by the Rutgers
Cooperative Research and Extension.
[Ord. No. 10-09-OAB]
The following activities shall be exempt from Subsection 34-2.3 of this section:
a.
The application of fertilizer on commercial farms, although commercial
farmers are expected to implement best management practices in accordance
with conservation management plans or resource conservation plans
developed for the farm by the Natural Resource Conservation Service
and approved by the Soil Conservation District Board.
b.
The application of any phosphorus fertilizer when:
1.
Establishing vegetation for the first time, such as after land disturbance,
provided the application is in accordance with the requirements established
under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39
et seq. and implementing rules; or
2.
Re-establishing or repairing turf after substantial damage; or
3.
Applying phosphorus fertilizer that delivers liquid or granular fertilizer
under the soils surface, directly to the feeder roots; or
4.
Applying phosphorus fertilizer to residential container plantings,
flowerbeds or vegetable gardens.
c.
The application of fertilizer products on a golf course, a park or
recreation area, when implemented in accordance with the terms of
a Turf Management Program that has been submitted to and approved
by the Township, which shall be required on an annual basis, and which
shall include the application of fertilizer on the property by a landscape
professional.
[Ord. No. 10-09-OAB]
The following guidelines are recommended for use by any applicator.
a.
Drop spreaders, rather than broadcast spreaders or other type spreaders,
are recommended for use when applying fertilizer.
b.
Fertilizers should not be applied within 24 hours of any substantial
rainfall, consisting of any storm generating 1/2 inch of rain or more
within a twenty-four-hour period.
c.
The Township recommends that grass clippings remain on lawns wherever
possible to promote water conservation. In those instances where leaving
grass clippings on lawns is impractical, all excess grass clippings
should be removed within eight hours of mowing due to high phosphorus,
nitrate and nutrient content in grass clippings that will act as a
fertilizer if permitted to enter waterways. All grass clippings and
organic material shall be removed from impervious surfaces.
d.
Only nitrogen-based fertilizers in slow-release formulas should be
used absent a documented need for other fertilizer types.
e.
Soil testing should be conducted once every three years to determine
which nutrients, if any, are necessary before any fertilizers are
applied. The County of Ocean provides soil testing services at no
charge or a minimal charge.
f.
Fertilizers should be applied, if at all, no more than four times
per year on a single parcel of property.
g.
Fertilizer should not be applied to areas within the twenty-five-foot
buffer of any waterbody.
[Ord. No. 10-09-OAB]
This section shall be enforced by the Berkeley Township Code
Enforcement Officer, Zoning Office, Construction Office or any Police
Officer in the Township of Berkeley.
[Ord. No. 10-09-OAB]
Any person found to be in violation of any provision of this
section shall be issued a written warning by the Code Enforcement
Officer. After the issuance of three written warnings to an applicator,
the Code Enforcement Officer shall issue a summons, which shall subject
the violator to a fine not to exceed $100.
[Added 6-25-2018 by Ord. No. 18-21-OAB]
It is hereby found and declared that it will be the public policy
of the Township of Berkeley to take action when feasible to reduce
the effects of certain products utilized, placed, or released with
the environment in order to protect the health and safety of the general
public.
Purpose and intent. This section is adopted in order to protect
the environment, particularly the wildlife, and the health, safety
and well-being of persons and property by prohibiting the release
of helium balloons into the atmosphere, including latex and mylar,
as it has been determined that the release of balloons inflated with
lighter-than-air gases pose a danger and nuisance to the environment,
particularly to wildlife and marine animals so as to constitute a
public nuisance and may pose a threat to the safety of its inhabitants
and their property.
It shall be unlawful for any person, firm or corporation to
intentionally release, organize the release, or intentionally cause
to be released balloons inflated with a gas that is lighter than air
within Township limits, except for:
Any person found in violation is guilty of a noncriminal infraction
punishable by a fine not to exceed the sum of $500.
