[HISTORY: Adopted by the Council of the Borough of Lawnside 9-5-2018 by Ord. No. 03-2018.[1] Amendments noted where applicable.]
The purpose of this chapter is to provide regulatory framework
for the construction of solar energy systems in the Borough of Lawnside,
subject to reasonable restrictions, which will preserve the public
health, safety, and welfare, while also maintaining the character
of the Borough.
As used in this chapter, the following terms shall have the
meanings indicated:
Any part of a solar collector that absorbs solar energy for
use in the collector's energy transformation process. "Collector
surface" does not include frames, support and mounting hardware.
A facility that engages in the production of electric energy
from solar technologies, photovoltaic technologies, or other solar-based
technology.
A device, structure or part of a device or structure in which
a substantial purpose is used to transform solar energy into thermal,
mechanical, chemical or electrical energy.
An energy system that consists of one or more solar collection
devices, solar-energy-related "balance of system" equipment, and other
associated infrastructure with the primary intention of generating
electricity, storing electricity, or otherwise converting solar energy
to a different form of energy. Solar energy systems may generate energy
in excess of the energy requirements of a property only if it is to
be sold back to a public utility in accordance with the New Jersey
Net Metering Law.[1]
An alternative energy facility that consists of one or more
ground-mounted, freestanding or building-integrated solar collection
devices, solar-energy-related equipment and other associated infrastructure
with the primary intention of generating electricity or otherwise
converting solar energy to a different form of energy for primarily
off-site use.
A structure containing one or more receptive cells or collector
devices, the purpose of which is to use solar radiation to create
usable electrical energy.
[1]
Editor's Note: See N.J.A.C. 14:8-4.1 et seq.
A.
Solar energy systems for accessory use. Solar energy systems for
accessory use shall be permitted in all zones. All zoning districts
shall have the following verbiage added to the use regulations/accessory
use sections as applicable:
B.
Solar energy systems for principal use. Solar energy systems for
principal use shall be permitted in Industrial Zones I-A and I-B.
These zoning districts shall have the following verbiage added to
the use regulations as applicable:
C.
Solar energy system requirements.
(1)
General requirements for solar energy systems.
(a)
Design and installation of solar energy systems shall be in
accordance with applicable national, state and local codes including
all applicable provisions in the National Electrical Code (NEC), International
Commercial Building Code (IBC), International Residential Code (IRC),
State Fire Code and any additional requirements set forth by the local
utility.
(b)
Solar energy systems may generate energy in excess of the energy
requirements of a property only if it is to be sold back to a public
utility in accordance with the New Jersey Net Metering Law.[1] Net metering helps customers maximize their renewable
energy investments. It enables customers to obtain full retail credits
on their utility bill for each kWh of electricity their system produces
up to 100% of their electricity usage over the course of the year.
[1]
Editor's Note: See N.J.A.C. 14:8-4.1 et seq.
(c)
To the extent reasonably possible, solar energy panels shall
be oriented and/or screened so that the glare is directed away from
adjoining properties or streets.
(d)
Solar energy systems shall not be located in the front yards
of lots. solar energy systems shall not be used for the display of
advertising.
(e)
Newly installed connections from solar energy systems to power
grid shall be underground.
(f)
All solar energy system installations must be performed by a
qualified solar installer and prior to operations the installation
and connections must be inspected as required by the Borough of Lawnside.
(2)
Roof-mounted solar energy systems.
(a)
Roof-mounted systems shall not be closer than one foot to the
edge of the roof.
(b)
For a roof-mounted system installed on a sloped roof, the highest
point of the system shall not exceed the highest point of the roof
to which it is attached.
(c)
For a roof-mounted system installed on a flat roof, the highest
point of the system shall not exceed 12 inches above the height of
the roof.
(3)
Ground-mounted or freestanding solar energy systems.
(a)
Ground-mounted solar energy systems shall not be installed in
residential districts unless insufficient space, structural or shading
issues or other restrictions prohibit rooftop solar energy systems.
(b)
Ground-mounted and freestanding solar energy systems shall meet
all accessory use setback requirements of the zoning district in which
it is located.
(c)
The height of ground-mounted or freestanding solar energy system
shall not exceed the applicable maximum accessory structure height
in the zoning district in which the solar energy system is located.
(d)
A solar energy system may exceed the applicable maximum accessory
structure height if it will cover an impervious surface parking area.
Height may not exceed height of the primary structure that the parking
area serves. Minimum height of the parking canopy must allow clearance
of emergency service and service vehicles.
(e)
A densely planted perimeter landscaped buffer that includes
evergreen trees and/or shrubs with a six-foot-tall vinyl-coated chain
link fence located inside the landscape perimeter shall be provided
for ground-mounted and freestanding solar energy systems. Plantings
shall not be a lesser height than the solar array at the time of planting.
(f)
Clearing of natural vegetation for the installation of a solar
energy system shall be limited to that which is necessary for the
construction, operation and maintenance of the system and as otherwise
prescribed by applicable laws, regulations and ordinances.
(g)
Tree removal to accommodate the installation of a solar energy
system shall be the minimum required. Minimizing tree removal shall
be a factor in locating the solar energy system if necessary. If tree
removal is required, any proposed tree removals shall be mentioned
on the permit application.
(h)
The design of a solar energy system shall, to the extent possible,
utilize materials, colors, textures, screening and landscaping that
will blend into the natural setting and existing environment.
(i)
Any solar energy system that has generated no electricity for
a period of 12 months shall be deemed to be abandoned and shall be
decommissioned within six months. If decommissioning has not been
completed within six months, the Borough may take appropriate means
to force such decommissioning.
(4)
Solar energy systems as principal use shall be in compliance with
the following in addition to the general requirements for solar energy
systems.
(a)
The systems shall be in either Zone I-A (Limited Industrial)
or I-B (General Industrial).
(b)
The minimum lot size shall be three acres.
(c)
Yard requirements for lots containing solar equipment shall
be at a minimum those of the zones containing the equipment.
(d)
A landscape fence or evergreen planting providing visual obstruction
shall be provided. Such fence or planting material shall be at least
six feet high at the time of construction or planting, and it shall
be the responsibility of the property owner to carry out this program
and to provide for its maintenance.
(e)
Site plan approval is a requirement for principal use solar
energy systems.
D.
Approvals required.
(1)
Approval of application by the Construction Code Official is required
in order to obtain a construction permit.
(2)
Site plan approval by the Planning Board is required for solar energy
systems for primary use.
(3)
Approval of site plan and waiver requests by the Planning Board is
required if there are any proposed deviations from the design standards
contained in this chapter.
(4)
Approval of site plan and variance requests by the Zoning Board of
Adjustment is required if there are any proposed deviations regarding
use or other zoning requirements.
(5)
Permit applications for solar energy systems on sites listed on the
Borough of Lawnside historical register shall be brought to the attention
of the Borough Historical Commission for possible input in the permitting
process.
(6)
Solar energy systems must be in accordance with applicable environmental
regulations. Approvals or permits from the New Jersey Department of
Environmental Protection (NJDEP) may be required in environmentally
sensitive locations.
The fees for a construction permit are to cover the costs of
review and inspection incidental to the construction of the Solar
Energy system. They are based on the designated kilowatt rating of
the solar energy system as follows:
A.
This chapter shall take effect upon final passage and publication
in accordance with the laws.
B.
The provisions of this chapter are severable. To the extent any clause,
phrase, sentence, paragraph, or provision of this chapter shall be
declared invalid, illegal or unconstitutional, the remaining provisions
shall continue in full force and effect.
