[HISTORY: Adopted by the Township Committee of the Township
of Elsinboro as indicated in article histories. Amendments noted where
applicable.]
[Adopted 7-2-2012 by Ord.
No. 2012-04]
This article may be referred to as the "Small Wind Energy System
Ordinance."
This article is adopted pursuant to Township of Elsinboro authority.
The purpose of this article is to:
In this article, the following terms shall have the meanings
indicated:[1]
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.
The individual or entity that intends to own and operate
the small wind energy system in accordance with this article.
The cross-sectional dimension of the circle swept by the
rotating blades of a wind-powered energy generator.
A wind energy system, as defined in this section, that:
In relation to a wind energy system, the vertical distance
from the ground to the tip of a wind generator blade when the tip
is at its highest point.
A monopole, freestanding, or guyed structure that supports
a wind generator.
A wind generator and all associated equipment, including
any base, blade, foundation, nacelle, rotor, tower, transformer, vane,
wire, inverter, batteries or other component necessary to fully utilize
the wind generator.
Equipment that converts energy from the wind into electricity.
This term includes the rotor, blades and associated mechanical and
electrical conversion components necessary to generate, store and/or
transfer energy.
A small wind energy system shall be a permitted use in all zones
subject to the following requirements:
A.
Setbacks. A wind tower for a small wind energy system shall be set
back a distance equal to 110% of maximum height of the tower to the
top of the blades. No portion of the wind generator shall extend beyond
the setback line, nor into the following:
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, or other publicly accessible means of climbing the
tower, for a minimum height of eight feet above the ground.
C.
Lighting. A small wind energy system shall not be artificially lighted
unless such lighting is required by the Federal Aviation Administration.
D.
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 zoning approval.
E.
Signs. There shall be no signs that are visible from any public road
posted on a small wind energy system or any associated building, except
for the manufacturer's or installer's identification, appropriate
warning signs, or owner identification.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
F.
Utility notification and interconnection. Small wind energy systems
that connect to the electric utility shall comply with N.J.A.C. 14:8-4,
Net Metering for Class I Renewable Energy Systems.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
G.
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.
A.
Permit. A zoning permit shall be required for the installation of
a small wind energy system.
B.
Documents. The zoning permit 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 major structures on the
property.
(3)
Location of the proposed small wind energy system tower.
(4)
The right-of-way of any public road that is contiguous with the property.
(5)
Any overhead utility lines.
(6)
Small wind energy system specifications, including manufacturer and
model, rotor diameter, tower height, and tower type (freestanding
or guyed).
C.
Fees. The application for a zoning permit for a small wind energy
system must be accompanied by the fee required.
D.
Expiration. A permit issued pursuant to this article shall expire
if:
(1)
The small wind energy system is not installed and functioning within
24 months of the date the permit is issued; or
(2)
The small wind energy system is out of service or otherwise unused
for a continuous twelve-month period.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
A small wind energy system that is out of service for a continuous
twelve-month period will be deemed to have been abandoned.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
The Zoning Officer 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 return receipt requested.
C.
The owner shall have the right to respond to the notice of abandonment
within 30 days of notice receipt date.
D.
If the owner provides information that demonstrates the small wind
energy system has not been abandoned, the Zoning Officer shall withdraw
the notice of abandonment and notify the owner that the notice has
been withdrawn.
E.
If the Zoning Officer determines that the small wind energy system
has been abandoned, the owner of the small wind energy system shall
remove the wind generator from the tower at the owner's sole expense
within three months after the owner receives the notice of abandonment.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
An owner shall submit an application to the Zoning Officer for a
zoning permit for a small wind energy system.
B.
The Zoning Officer shall issue a permit or deny the application within
10 days, as consistent with Municipal Land Use Law, of the date on
which the application is received.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
If the application is approved, the Zoning Officer will return one
signed copy of the application with the zoning permit and retain the
other copy with the application.
D.
If the application is rejected, the Zoning Officer will notify the
applicant, in writing, and provide a written statement of the reason
why the application was rejected. The applicant may appeal the Zoning
Officer's decision pursuant to the appropriate appeals authority.
The applicant may reapply if the deficiencies specified by the Zoning
Officer are resolved.
A.
It is unlawful for any person to construct, install, or operate a
small wind energy system that is not in compliance with this article.
A.
This article shall be administered by the Zoning Officer, as designated.
B.
The Zoning Officer may enter any property for which a permit has
been issued under this article to conduct an inspection to determine
whether the conditions stated in the permit have been met.
C.
The Zoning Officer may issue orders to abate any violation of this
article.
D.
The Zoning Officer may issue a citation for any violation of this
article.
E.
The Zoning Officer may refer any violation of this article to legal
counsel for enforcement.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The provisions of this article are severable, and the invalidity
of any section, subdivision, paragraph, or other part of this article
shall not affect the validity or effectiveness of the remainder of
this article.
