[Added 4-14-2020 by Ord.
No. 2020-16]
As used in this article, the following terms shall have the
meanings indicated:
A type of exterior building cover that serves the dual purpose
of waterproofing a roof and producing electricity through conversion
of solar radiation.
A facility or structure(s) and all associated equipment,
for producing electrical energy from photovoltaic technologies.
An elevated panel or plate, or a canopy or array consisting
of such panels or plates that captures and converts solar radiation
to produce power or hot water, and includes flat plate or boxed photovoltaic
solar cells, but shall not include solar reflective or concentrating
technology (e.g., "solar furnace" or similar use).
A.
Purpose. The municipality, recognizing the increasing desire by its residents and business owners with the City for the production of electricity, heating, and hot water other than by means of centrally distributed public utilities, and further recognizing the objectives of the New Jersey Energy Master Plan in broadening the number of providers and methods for producing energy, promulgate this section of Article XVIII to encourage and create reasonable standards for solar energy use for providing electricity, heating and hot water primarily for use in their domicile, farm or place of business, in accordance with the net metering rules of the NJ Board of Public Utilities.
B.
Accessory use. Solar heating and net metering electricity generation
shall be permitted accessory uses and structures to any principal
building in the municipality, provided they are installed and operated
in accordance with the provisions in this section and applicable local,
state and federal law.
C.
Roof-mounted solar energy systems shall be required unless the owner
is able to demonstrate to the satisfaction of the Zoning Officer that
such mounting is impractical, infeasible or lacks the means to meet
80% of the average yearly demands for electricity or hot water for
the facility to which it is associated. Standards for roof-mounted
systems are as follows:
(1)
For sloped roofs, no panel or other appurtenance of the solar
energy system shall be affixed to a height greater than 18 inches
from the roof surface.
(2)
For flat roofs (which shall include roofs with a slope of up
to 1/2 inch rise in 12 inches of run), no portion of the solar energy
system shall rise above the height of the roof parapet.
(3)
In a historic district or a historic site not in a district,
no portion of a solar panel or its appurtenances shall be visible
from a public right-of-way unless the system is composed of photovoltaic
roof shingles on a sloped roof.
(4)
No portion of a panel shall extend beyond the outside edge of
the roof.
(5)
Roof-mounted systems shall be mounted parallel to the roof angle
when visible from a public right-of-way.
(6)
Roof-mounted systems shall not exceed the maximum building height
in the zoning district.
D.
Standards for ground-mounted systems, including solar parking canopies.
(1)
Demonstration that a roof-mounted system is impractical, infeasible
or lacks the means to meet 80% of the average yearly demands for electricity
or hot water for the facility to which it is associated.
(2)
Ground-mounted systems shall not be located in a front yard.
(3)
Ground-mounted systems shall meet the side and rear yard setback
standards for accessory structures in the zone in which the energy
production facility is located.
(4)
Ground-mounted facilities greater than 1,000 square feet of
panel area shall meet the following additional requirements:
(a)
One or more of the following shall be provided beneath the structures:
meadow grass, lawn grass, cultivated agriculture land or parking spaces.
(b)
Mounting of the solar structures shall minimize impervious surface
coverage.
(c)
Ground-mounted systems shall have a solid screen of evergreen
plantings and/or a fence along property lines abutting a residential
use or a right-of-way (in the event of a reverse frontage lot).
(d)
The minimum height of the screening shall be six feet when planted
or installed, unless otherwise prohibited by this article.
(e)
Existing vegetation shall be retained to the extent practical.
(5)
Solar facilities shall not be included in the calculation of
maximum lot coverage or impervious cover, unless the area under the
system consists of an impervious material.
(6)
All electrical control equipment shall be labeled and secured
to prevent unauthorized access and to warn emergency personnel of
the presence of equipment that generates electricity independently
of the provision of public electrical power.
E.
Zoning permit. Whenever site plan or subdivision approval is not
required, a zoning permit shall be obtained for an alternate energy
system as precedent to the issuance of any permit required pursuant
to the New Jersey Uniform Construction Code.
F.
Notwithstanding anything herein to the contrary, no solar energy
system of any size shall be approved and/or installed prior to the
required application, review and approval by the City of Vineland
Municipal Electric Utility Engineering Department determination of
compliance with all City utility solar energy system requirements.
A.
Any alternate energy system shall be considered abandoned if the
system or facility is out of service or otherwise unused for a continuous
eighteen-month period.
B.
The Zoning Officer may issue a notice of abandonment to the owner
of an alternate energy system that is deemed to have been abandoned.
The notice shall be sent by certified mail, return receipt requested,
to the last known address of the owner.
C.
The owner shall have the right to respond to the notice of abandonment
within 45 days from the mailing of the notice and provide such evidence
as deemed appropriate to counter the abandonment claim.
D.
If the owner provides information demonstrating to the Zoning Officer
that the alternate energy system facility has not been abandoned,
no further action shall be taken.
E.
If the Zoning Officer determines that a solar heating or electricity
generating system has been abandoned, the owner shall remove all solar
heating panels and exterior plumbing, photovoltaic panels, photovoltaic
shingles, inverters, interconnection hardware, racking and mounting
structures at the owner's sole expense within three months after the
owner receives the notice of abandonment.
