[Added 3-14-2013 by Ord. No. 2013-04]
The Little Egg Harbor Township Zoning Officer.
The Little Egg Harbor Zoning Board or other authority having jurisdiction.
Small wind energy system or solar energy system, as defined herein.
Shall mean the individual or entity that intends to own and operate the small wind energy system in accordance with this chapter.
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:
A system and all associated equipment that converts solar energy into a usable electrical energy, heats water or produces hot air or other similar function through the use of solar panels, solar tubes, or some other device or structure that captures solar energy.
An elevated panel or plate, or a canopy or array thereof, that captures and converts solar radiation to produce power, and includes flat plate, focusing solar collectors, or photovoltaic solar cells and excludes the base or foundation of the panel, plate, canopy, or array.
In relation to a small 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 industrial zones subject to the following requirements:
A.
Lot size. Small wind energy systems are permitted on tax parcels, or tracts of land that are under common ownership, that have a total area of at least 20 acres.
C.
Placement. The following regulations apply:
D.
Access.
(1)
All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access. At a minimum, security shall include locking equipment cabinets and perimeter fencing.
(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 10 feet above the ground.
E.
Lighting. A small wind energy system shall not be artificially lighted unless the Federal Aviation Administration requires such lighting.
F.
Safety. The following regulations apply:
(1)
Wind generators shall be designed with an automatic brake or other similar device to prevent over-speeding and excessive pressure on the tower.
(2)
All moving parts of the small wind energy system shall be a minimum of 12 feet above ground level.
(3)
The blades on the small wind energy system shall be constructed of a corrosion-resistant material
G.
Noise. Small wind energy systems shall operate at no greater than 55 decibels, as measured at the boundary of the tax parcel, or tract of land under common ownership, on which it is located.
(1)
Limit overages during short-term events such as utility outages and severe windstorms are permitted.
H.
Appearance. The design of small wind energy systems shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the facility into the natural setting and existing environment.
I.
Trees. An applicant shall locate a wind or solar energy system so that tree removal is not required to the extent practical. Any tree removal shall be subject to the requirements of § 215-12.7, the Township's Tree and Natural Habitat Protection ordinance.
J.
Signs. 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.
L.
Electrical and structural design. Electrical and structural design shall be governed by the State Uniform Construction Code promulgated pursuant to the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.) and technical bulletins issued pursuant to Section 2 of P.L. 2009, c. 244 (N.J.S.A. 40:55D-66.13).
[Amended 10-23-2014 by Ord. No. 2014-16]
Solar energy systems shall be permitted as a rooftop installation in any zoning district. The solar energy system shall not exceed a height of 12 inches from the rooftop, except on flat roofs where one end of the solar collection device used in the solar energy system may be separated from the roofline by up to five feet. In no event shall the placement of a solar energy system on a rooftop result in a total height, including building and solar energy system, than what is permitted for the principal building in the zoning district where they are located.
A.
Solar energy systems that include an elevated panel or plate, or a canopy or array thereof, and are installed over the ground, shall be a permitted use in all industrial zone districts and a permitted accessory use in all zone districts which allow single family detached residential dwellings. Freestanding or ground-mounted solar energy systems shall be considered a structure and shall be subject to the regulations of the zone for such, together with all other applicable building codes and ordinances. A solar energy system that is installed over the ground shall be subject to the following requirements:
(1)
Lot size. Solar energy systems that are installed over the ground are permitted on tax parcels, or tracts of land that are under common ownership, that have a total area of at least 20 acres in industrial zone districts, and of at least 20,000 square feet for single family detached residences as accessory uses.
(2)
Setbacks. Solar energy systems that are installed over the ground shall be set back in accordance with the prevailing zone district standard for accessory buildings. The setback for industrial zone districts shall be the prevailing zone district standard for accessory buildings or 25 feet, whichever is greater.
(3)
Placement. Solar energy systems that are installed over the ground shall not be located within a front yard area.
(4)
Height. Solar energy systems that are installed over the ground shall not exceed a height of 15 feet in industrial zones, and six feet for accessory structures on single family detached residential lots.
(5)
Cover. Solar panels shall not be considered to be part of a site's impervious cover or surface. Solar panels shall be excluded from all impervious cover or surface calculations.
(6)
Appearance. The design of solar energy systems that are installed over the ground shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the facility into the natural setting and existing environment.
B.
The following standards apply to accessory ground-mounted solar energy systems for single family detached residential lots:
(1)
Ground-mounted solar energy systems containing 800 square feet less of total solar panel surface in residential zones shall require a zoning permit and shall not be counted in the calculation of maximum impervious coverage as regulated within the Land Use and Development Ordinance.[1]
[1]
Editor's Note: This chapter.
(2)
Ground-mounted solar energy systems containing greater than 800 square feet of total solar panel area in residential zones shall require minor site plan approval from the Planning or Zoning Boards, prior to obtaining a zoning permit, and are subject to the following standard:
(a)
Systems shall not be counted in the calculation of maximum impervious coverage as regulated within the Land Use and Development Ordinance.[2] Nevertheless, design of the system shall comply with all stormwater, grading, and soil disturbance regulations of the Land Use and Development Ordinance.
[2]
Editor's Note: This chapter.
(3)
Ground-mounted solar systems shall be screened from public rights of way and adjacent properties via fencing or landscaping.
(4)
The solar energy system shall not be sized to generate more power than that required for the principal structure on the same tax parcel as measured on an annual basis. All solar energy systems shall be grid tied.
C.
The following requirements apply to all solar energy systems:
(1)
Cadmium telluride prohibited. Devices including cadmium telluride are prohibited due to the highly carcinogenic nature of cadmium and the possible detrimental effects on children, wildlife, water supplies, and the environment.
(2)
Glare. Solar energy systems shall be located so that any glare is directed away from adjacent properties, businesses, residences, or roadways. The applicant shall submit a certification from an engineer or manufacturer that the design will not cause a reflection nuisance to adjacent property owners or flow of traffic on nearby roadways.
(3)
Access. All ground-mounted and exterior electrical and control equipment shall be labeled and secured to prevent unauthorized access. At a minimum, security shall include locking equipment cabinets and perimeter fencing.
(4)
Trees. An applicant shall locate solar energy systems so that tree removal is not required to the extent practical. Any tree removal shall be subject to the requirements of § 215-12.7, the Township's Tree and Natural Habitat Protection ordinance.
(5)
Signs. There shall be no signs that are visible from any public road posted on a solar energy system or any associated building, except for the manufacturer's or installer's identification, appropriate warning signs, or owner identification.
(6)
Noise. Solar energy systems shall operate at no greater than 40 decibels, as measured at the boundary of the tax parcel, or tract of land under common ownership, on which it is located.
(8)
Electrical and power lines. All electrical and power lines shall be located underground.
(9)
Advertisements. No portion of the solar energy system shall contain or be used to display advertising.
All applications for small wind energy systems and solar energy systems shall be presented to the planning or zoning board for administrative approval.
A.
Permit. A zoning permit and construction permit shall be required for the installation of each energy system.
B.
Documents. The zoning and building permit applications 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)
The right-of-way of any public or private road that is contiguous with the property;
(4)
The location of any overhead utility lines;
(5)
Energy system operating and maintenance plan;
(6)
Decommissioning plan to be implemented upon abandonment, or cessation of activity, or in conjunction of removal of system;
(7)
For small wind energy systems:
(a)
Location of the proposed small wind energy system;
(b)
Small wind energy system specifications, including, at a minimum: manufacturer and model, rotor diameter, tower height, tower type (freestanding or guyed), safety equipment, and any other information determined by the Administrator to be necessary for the complete review of the application;
(8)
For solar energy systems:
(a)
Location of the proposed solar energy system;
(b)
Solar energy system specifications, including, at a minimum: manufacturer and model, solar collection device type, size and quantity, safety equipment, and any other information determined by the Administrator to be necessary for the complete review of the application.
C.
Fees. The required application fee must be remitted with each application for a zoning or building permit.
A.
An energy system that is out-of-service for a continuous period of 12 months shall be deemed abandoned.
B.
The Administrator may issue a Notice of Abandonment to the owner of an energy system that is deemed abandoned. One copy of the notice shall be sent via regular mail without signature confirmation (i.e., return receipt), and one copy of the notice shall be sent via certified mail with signature confirmation (i.e., return receipt).
C.
The owner shall have the right to respond to the Notice of Abandonment within 30 days from the date of Notice receipt.
D.
If the owner provides information that demonstrates that the energy system in question 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 energy system has been abandoned, the owner of the energy system shall remove said energy system within 90 days after the owner receives the Notice of Abandonment.
F.
The removal of an energy system shall require a demolition permit.
G.
Upon removal of an energy system, the site shall be cleaned, restored and vegetated to blend with the existing surrounding vegetation at the time of abandonment.
H.
When an owner of an energy system has been notified to remove same and has not done so within 90 days after receiving said notice, then the Township may remove the energy system and place a lien upon the property for the cost of the removal.
I.
Removal will be in accordance with the decommissioning plan submitted at the time of application.
A.
An owner shall submit an application to the Administrator for a zoning permit for an energy system.
B.
The Administrator shall issue a permit or deny the application within one month as consistent with Municipal Land Use Law of the date on which the application is received.
C.
If the application is approved, the Administrator 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 Administrator will notify the applicant in writing and provide a written statement of the reason why the application was rejected. The applicant may appeal the Administrator's decision pursuant to the appropriate appeals authority. The applicant may reapply if the deficiencies specified by the Administrator are resolved.
A.
This chapter shall be administered by the Administrator or another official designated by the Administrator.
B.
At any time, the Administrator may enter any property for which a permit has been issued under this chapter to conduct an inspection to determine whether the conditions stated in the permit are met.
C.
The Administrator may issue orders to abate any violation of this chapter.
D.
The Administrator may issue a citation for any violation of this chapter.