Bordentown Township
City Zoning Code
City Zoning Code
ARTICLE XIII
Renewable Energy Facilities
§ 500-1301 Purpose.
A.
The purpose of this article is to permit renewable energy facilities in appropriate locations in the Township in a way that is consistent with the Bordentown Township Master Plan and state legislation to facilitate development of alternative forms of energy production, and to minimize potential land use conflicts and potential impacts associated with such facilities on surrounding properties. This article is intended to accomplish the foregoing while also:
(1)
Preserving areas with an established rural and/or historic character by avoiding siting such facilities on land within areas of rural and/or historic character, particularly on land which is exposed to public view and where, by reason of topography or other natural features, the facility cannot be effectively screened from view.
(2)
Protecting the quality of life in residential districts by siting ground-mounted facilities in locations that minimize the visibility of such facilities from adjacent residential areas.
(3)
Providing standards for buffering and screening of renewable energy facilities to protect surrounding properties from glare and to mitigate the visual impact of ground-mounted facilities.
(4)
Providing for proper decommissioning of the renewable energy facility after its useful life.
(5)
Preventing heat islands or unnatural heat absorption, causing ecological damage and habitat loss.
(6)
Preserving and protecting existing forested areas which provide multiple direct environmental benefits, such as carbon sequestration, wildlife habitat and local cooling.
(7)
To ensure that only people who have training or understand relative hazards are allowed in certain areas of an electrical installation.
(8)
That the law has not removed the necessity to prove that the solar facility will not frustrate the overall planning efforts of the Township or become a detriment to the well-being and safety of the community. In other words, "inherently beneficial" does not mean "permitted." As in all good planning, balance is critical.
(9)
That one of the Township's first objectives is to encourage roof-mounted or other flat installations on existing impervious cover or already disturbed areas.
§ 500-1302 Definitions.
As used in this article, the following definitions shall apply:
An interconnected system of photovoltaic modules that function as a single electricity-producing unit. The modules are assembled as a discrete structure, with common support or mounting.
A term for the design and integration of photovoltaic (PV) technology into the building envelope, typically replacing conventional building materials. This integration may be in vertical facades, replacing view glass or other facade material; into semitransparent skylight systems; into roofing systems, replacing traditional roofing materials; or other building envelope systems.
The smallest semiconductor element within a PV module to perform the immediate conversion of light into electrical energy.
An integrated system of electricity distribution, usually covering a large area.
A device that converts direct current electricity to alternating current, either for stand-alone systems or to supply power to an electricity grid.
A "PV generator junction box" is an enclosure on the module where PV strings are electrically connected and where protection devices can be located, if necessary.
An energy-generating facility that shall be deemed to be a principal use when any of the following conditions are met:
When the ground-mounted facility exceeds a ratio of 1:5 of the land area on which the facility is constructed to the area used for another purpose (including farming).
When the ground-mounted facility comprises an area of 10 acres or greater.
When the ground-mounted facility is the only use or structure on a lot.
When all of the energy produced by the facility is not used at the site of the facility or on an adjoining contiguous property in common ownership. For purposes of this article, net metering for purposes of smoothing out differences in day-to day production and demand on the site of the facility or on an adjoining contiguous property in common ownership does not constitute off-site use of energy, and facilities constructed with up to 110% of the projected demand of the site of the facility, or an adjoining contiguous property in common ownership or combination thereof, does not constitute off-site use.
An energy facility which does not meet one or more of the conditions to be defined as a major solar or photovoltaic energy facility or structure.
In a rack mount, the photovoltaic modules (solar panels) are supported by a metal framework and are set at a predetermined angle. The rack-mounted solar array is placed above the roof with the rack's members bolted to the roof's structural members.
A facility that engages in the production of electric or heat energy from solar technologies, photovoltaic technologies, geothermal, water or wind energy.
A solar or photovoltaic facility mounted to the roof of a building, carport or other structure which provides protection from weather or provides habitable or storage space. This shall not include facilities mounted above surface parking lots.
A system that utilizes solar panels, as defined herein, to convert solar energy to electricity or heat in order to satisfy all or a portion of the energy requirements associated with a dwelling or nonresidential structure and/or to generate electricity for use in the regional high-voltage electrical grid. The conversion may be accomplished by solar radiation absorbed by a medium (such as solar panels, as defined herein) and distributed to a point of use. The system shall include the solar panels and all associated equipment, including any base, foundation, structural support, wiring, piping, batteries or other components, necessary to fully utilize the system. An auxiliary energy system may be employed to supplement the output provided by the solar energy system and to provide for the total energy demand should the solar energy system become inoperable.
A facility or structure for the purpose of supplying energy produced from solar or photovoltaic technologies, whether such facility or structure is a principal use, a part of the principal use, or an accessory use or structure.
A solar or photovoltaic facility mounted on a surface parking lot such that vehicles may park and/or drive beneath.
The area contained within 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.
A structure containing one or more receptive cells, the purpose of which is to convert solar energy into usable electrical or heat energy by way of a solar system. This term includes all components necessary to generate, store, transport and/or transfer energy.
The angle at which a photovoltaic array is set to face the sun relative to a horizontal position.
§ 500-1303 General provisions: use standards.
Unless otherwise specified, the following general requirements apply to all solar and photovoltaic facilities regardless of whether they are principal or accessory uses.
A.
Solar or photovoltaic energy systems are permitted as a principal use in the REO (research, engineering, office) District in accordance with N.J.S.A. 40:55D-66.11.
B.
Solar energy generating systems are permitted as an accessory use on the same lot as the principal use, whether roof-mounted or ground-mounted, in all residential and business zone districts (specifically, R-6, R-7, R-8, R-10, R-20, R-30, R-40, PO, CC, HC, GC-I and GC-II, PUD, PUD (A/T). The purpose of these accessory systems is to generate energy to satisfy all or a portion of the energy requirements associated with the on-site dwelling(s) or business(es), rather than for sale back into the electrical grid system. This provision shall not be interpreted to prohibit the net metering of excess power generated from time to time from a solar energy system that is designed to meet up to 110% the energy needs of the principal use on the same property. Major ground-mounted facilities shall not be accessory uses.
[Amended 4-25-2022 by Ord. No. 2022-06]
C.
Any solar or photovoltaic energy generating facility mounted to a structure above a surface parking area or a roof shall be deemed an accessory use.
D.
Solar or photovoltaic energy facilities are permitted on the roofs of buildings.
E.
The installation of solar or photovoltaic energy systems by any governmental agency on land owned or leased by said agency shall be permitted as either a conditional accessory use or conditional principal use in any zone district.
F.
Solar or photovoltaic energy systems installed on, within or above a stormwater management facility, parking lot, sign structure or any other type of freestanding structure which is not a roof shall be considered a ground-mounted system. Ground-mounted systems must be protected from unauthorized access by a security fence or similar means.
G.
Solar or photovoltaic energy systems shall not be used for displaying any advertising. Reasonable identification of the manufacturer and/or operator of the system is permitted using text that does not exceed a height of two inches. Hazard and/or warning signs pertinent to the electrical nature of the equipment shall also be permitted.
H.
Installation of a solar or photovoltaic energy system on a nonconforming structure, or on a site containing a nonconforming structure or use, shall be considered an expansion of the nonconforming structure or use.
I.
No structure or other portion of any major ground-mounted facility or structure shall occupy any area designated and regulated by the New Jersey Department of Environmental Protection ("NJDEP") as a floodplain, flood hazard area, wetland, wetland transition area or riparian corridor unless approved in that location by the NJDEP.
J.
Notwithstanding the provisions set forth herein, the installation of any solar energy system shall require a zoning permit and all applicable regulatory and construction permits, and its design shall conform to all applicable prevailing codes, standards and ordinances.
K.
All access driveways shall meet current land use ordinance requirements and provide emergency access to the site as required elsewhere herein.
§ 500-1304 Standards: types of solar energy systems installation.
A.
Roof-mounted systems.
(1)
Roof-mounted systems which satisfy the provisions set forth herein shall require construction and zoning permits, but may not require site plan approval. If, in the opinion of the Zoning Officer, the installation of the solar energy system does not satisfy the provisions of this article, the applicant shall be directed to file a site plan or variance application with the reviewing board having jurisdiction.
(2)
Residential properties in all zone districts and commercial properties in the Highway Commercial and General Commercial Zoning Districts.
(a)
The panels and all accessory equipment on principal or accessory buildings shall not project beyond the vertical plane of the roof edge. This requirement includes installations on flat roofs.
(b)
On all pitched roofs which face public rights-of-way, solar panels shall be as coplanar as possible with the roof surface and shall be mounted no more than 18 inches above the roof surface. The system may be mounted at a greater angle if the applicant can demonstrate that it is necessary for adequate solar alignment for power generation.
(c)
Solar energy facilities or structures may be attached to any accessory building that satisfies zoning location, setback and height requirements for the zone. However, in no event shall solar energy facilities or structures be attached to more than two accessory buildings on a single lot. Solar energy facilities or structures shall not be exempt from applicable height or setback requirements.
(d)
Solar energy facilities or structures shall be permitted accessory uses on structures in condominium complexes, apartment complexes and on fee-simple townhouse lots in developments with a homeowners' association with a design-approval function, in accordance with all accessory use requirements and standards governing residential uses above. Such solar energy facilities or structures are permitted subject to written preapproval of the homeowners' association, condominium association or apartment association and must be submitted with the necessary permits and applications for the Township.
(3)
Nonresidential properties in all commercial districts.
(a)
Roof-mounted solar energy facilities or structures on principal or accessory buildings shall be mounted with no more than 15° of angle to the roofline and shall not exceed a height of three feet above the roofline to which it is mounted. The system may be mounted at a greater height or angle if the applicant can demonstrate that it is necessary for adequate solar alignment for power generation. In no instance shall any part of the system extend beyond the vertical plane of the edge of the roof or exceed the applicable height requirement of the zone in which it is located, whether located on a principal or accessory structure.
(b)
Roof-mounted systems shall not be permitted to be installed on temporary buildings.
B.
Ground-mounted systems.
(1)
Residential. A ground-mounted system installed on a single- or two-family residential lot which satisfies the provisions set forth herein shall require construction and zoning permits, but shall not require site plan approval.
(2)
Nonresidential. A ground-mounted system installed on a nonresidential or multifamily residential lot shall require a site plan application with the reviewing board having jurisdiction.
§ 500-1305 Standards for major ground-mounted solar or photovoltaic energy facilities or structures as principal uses.
A.
All major solar or photovoltaic energy facility or structure installations shall comply with the following area, yard and height requirements:
B.
No structure or other portion of the facility except for fencing, access roads and non-energy-generating equipment shall be situated less than 200 feet from any residence or less than 50 feet from any accessory structure, whether located on the same or adjacent property.
(1)
Major solar or photovoltaic energy facility applications shall submit a landscape plan conforming to the following requirements. A landscape buffer shall be installed around the facility to buffer the facility and all related accessory structures and parking areas so as to soften the public view and the view of any adjoining uses on a lot having a common lot line on which such facility or structure will be located. The vegetative buffer shall be not less than 25 feet in width and may be located in the setback required pursuant to the applicable zone. The required buffer shall consist of trees and shrubs, which may include existing vegetation, new plantings, or a combination thereof, providing year-round screening. Deciduous trees shall be at least one-point-five-inch caliper and 10 feet in height at the time of planting. Evergreen trees shall have a minimum height at planting of three feet. Trees shall be planted 10 feet on center in staggered rows. Existing hedgerows or vegetated windbreaks that provide screening of the subject site from neighboring properties shall be retained and augmented as necessary. Substations and other associated transmission structures shall be screened with a double row of evergreen plantings with a minimum height of four feet at planting. This provision shall not be interpreted as requiring a completely opaque screen, such as multiple rows of evergreen trees and shrubs. Buffers and screening that have been planted or natural buffers that have been utilized to form an effective screen must be retained in perpetuity. Any areas in which the effect of the buffer has been reduced, for any cause or reason, must be replanted and returned to an effective buffer as described in this subsection.
(2)
All major facilities shall have a durable, all-weather access road extending from the site driveway or parking/loading area to the solar field so that access for emergency vehicles and maintenance is provided to all electrical equipment, including transformers, inverters, power conditioners, etc., and that no part of the solar field is more than 300 feet from the access road. The access road may be constructed of proprietary "grass-paver" systems which will adequately support emergency vehicles.
§ 500-1306 Standards for ground-mounted minor solar or photovoltaic energy facilities or structures as accessory uses.
A.
All minor ground-mounted solar or photovoltaic energy installations shall be considered accessory uses and shall comply with the following standards:
(1)
The purpose of a minor solar or photovoltaic energy facility or structure shall be to provide power for the principal use on the property. The facility shall be sized to accommodate no more than 110% of the average annual electric use for the property or, in the case of new construction, 110% of the projected annual electrical use of the property.
(2)
Maximum height of any structure, including panels and inverters, shall be 15 feet.
(3)
Minor ground-mounted solar or photovoltaic energy facilities or structures shall only be located in the rear yard.
(4)
All nonresidential minor ground-mounted solar or photovoltaic energy facilities or structures shall be buffered by providing at least one row of evergreen trees or shrubs to soften the view from neighboring properties. This provision shall not be interpreted as requiring a completely opaque screen, such as multiple rows of evergreen trees and shrubs.
(5)
All other bulk standards shall be as otherwise required for accessory structures in the applicable zone district of the subject property.
B.
Facilities mounted above parking lots shall be considered accessory uses and shall meet the following requirements:
(1)
Facilities mounted above parking lots shall be designed to provide adequate clearance and turning radii for access by emergency vehicles.
(2)
The maximum permitted height shall be 20 feet.
(3)
Facilities for new or existing parking lots shall only be located within the rear yard. Facilities for existing parking lots only may also be located in a side yard where parking exists.
(4)
The minimum side and rear yard setback for any such facility shall be 25 feet if adjacent to a nonresidential use or district and 50 feet if adjacent to a residential use or district.
(5)
The facility shall be buffered on all sides by a planted or natural buffer which softens the view of the facility. This provision shall not be interpreted as requiring a completely opaque screen, such as multiple rows of evergreen trees and shrubs.
(6)
Existing vegetation shall be retained and utilized to the extent practical.
§ 500-1307 Standards applicable to all ground-mounted major and minor solar or photovoltaic energy facilities or structures.
A.
Ground-mounted facilities shall be located to minimize views of the facilities from public roadways and from adjacent residences and residentially zoned property.
B.
All on-site utility lines associated with the renewable energy system shall be underground.
C.
Soil erosion control, soil stabilization. All ground areas occupied by the solar or photovoltaic energy facility or structure installation that are not utilized for access to operate and maintain the installation shall be planted and maintained with vegetative cover for the purpose of soil stabilization. Plants such as clovers, vetches and other low-growing, blooming plants supportive of pollinators should be included in any ground cover seeding mix. Stone ground cover is prohibited. Ground cover shall be maintained primarily by using mechanical means; however, herbicides may be used on a spot basis for targeted weeds. Broadcast application of herbicides for routine maintenance of ground cover is prohibited.
D.
Sound levels from the energy system shall comply with the New Jersey State Noise Control Regulations (N.J.A.C. 7:29).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E.
The use of concrete, asphalt or other impervious surface is prohibited on the site of such facilities, except in the following locations:
F.
All electrical and control equipment shall be labeled and secured to prevent unauthorized access.
G.
The only signs permitted on a solar or photovoltaic facility or any associated building or structure are those depicting the manufacturer's or installer's identification, appropriate warning signs, or owner identification.
H.
The system shall be constructed in such a manner that exposed hardware, supporting structures, frames and piping are finished with nonreflective surfaces.
I.
In the event that the system is secured with fencing, emergency personnel shall be provided with the necessary keys, codes, etc., to gain access for emergency operations.
§ 500-1308 Application requirements.
A.
Permits. A zoning permit and construction permit shall be required for the installation of a renewable energy system.
B.
Except for roof-mounted solar applications, a nonresidential facility will require a major site plan approval. The application, plans, and supporting documents shall include the following, in addition to the items listed Article VIII of this chapter:
(1)
The location, dimensions, and types of existing major and accessory structures on the property.
(2)
The location of the all components of the renewable energy system, including substations, inverters, transfer switching and transformers.
(3)
The location of proposed and existing overhead and underground utility and transmission lines.
(4)
Schematic plans for the interconnection to the electrical distribution or transmission system of the intended energy user.
(5)
Description of any necessary upgrades or modifications to the existing off-site electrical system infrastructure. For projects over two MW, the information shall also include the location and elevations of all transmission lines, support structures and attachments to any substation(s).
(6)
A grading and drainage plan including the details necessary to adequately demonstrate to the reviewing Board that stormwater management is in compliance with Township ordinance standards. Notwithstanding that the surface of a solar panel shall not be considered to be impervious for the purpose of calculating stormwater runoff, the applicant shall provide stormwater calculations and/or improvements to determine if the proposed grading for the installation of the ground-mounted system and associated site improvements will create an adverse impact to the on-site or off-site drainage or increase stormwater runoff from the predevelopment condition.
(7)
A maintenance plan and land surface management plan shall be submitted that set forth provisions for the continuing maintenance of the entire site, including all solar panels and associated equipment, required plantings, and area not devoted to solar production, including a schedule of specific maintenance activities to be conducted. On site, but outside of the solar facility, shall be maintained to a level that will discourage successional growth or the establishment of invasive species. Planting of warm-weather native grasses which allow for mid- to late-summer mowing, providing beneficial, critical habitat to native bird species and other wildlife, is encouraged. The use of herbicides, pesticides and chemical cleaners or solvents shall not be permitted as an acceptable maintenance practice.
(8)
A construction staging and sequencing plan shall be provided which details all pertinent information related to construction activities.
(9)
The owner or operator shall develop an emergency response plan. All means of shutting down the solar photovoltaic installation shall be clearly marked. The owner or operator shall identify a responsible person for site safety and public inquiries throughout the life of the installation.
(10)
The owner or operator of a major ground-mounted solar installation shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained in accordance with the approved site plan. The owner or operator shall be responsible for the cost of maintaining the solar photovoltaic installation and any access roads serving the site.
§ 500-1309 Decommissioning plan.
A.
All applications for a major solar facility as a principal use shall be accompanied by a decommissioning plan to be implemented upon abandonment and/or in conjunction with removal of solar energy systems. Before beginning any decommissioning activities, the applicant must submit a performance bond in a form and amount satisfactory to the Township Attorney, which shall be based upon an estimate approved by the Board Engineer, assuring the availability of adequate funds to restore the site to a useful, nonhazardous condition in accordance with the decommissioning plan. Prior to removal of solar energy systems, a permit for removal activities shall be obtained from the Bordentown Township Construction Official. The decommissioning plan shall include the following provisions:
(1)
Restoration of the surface grade and soil after removal of aboveground structures and equipment.
(2)
Stabilization of soil areas.
(3)
The disposal of all solid and hazardous waste shall be in accordance with all local, state, and federal waste disposal regulations.
(4)
Owners of major ground-mounted solar photovoltaic facilities shall provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removal in the event the Township must remove the installation and remediate the landscape, in the amount and form deemed to be reasonable by the Township Engineer. Such surety will not be required for municipal-, state- or utility-company-owned facilities. The owner of the facility shall submit a fully inclusive estimate of the cost associated with removal, prepared by a professional engineer.
§ 500-1310 Abandonment.
A.
A solar energy facility that is out of service for a continuous twelve-month period will be deemed to be abandoned. The Zoning Officer shall issue a notice of abandonment to the owner of a solar energy facility that is deemed to be abandoned.
B.
The property owner shall have 30 days to respond to the notice of abandonment from the receipt date of the notice.
C.
If the property owner provides information that demonstrates the solar energy facility has not been abandoned, the Zoning Officer shall withdraw the notice of abandonment and notify the property owner that the notice has been withdrawn.
D.
If the Zoning Officer determines the solar energy facility has been abandoned, the property owner shall remove the facility in its entirety at the owner's sole expense within six months after the owner receives the notice of abandonment.
E.
If the property owner fails to remove the facility in the time allowed, the Township may, at its sole discretion, compel the owner to perform the removal, take action to capture the proceeds of the surety guarantee, or enter the property to remove the solar energy facility and all costs of such removal shall be reimbursed to the Township by the owner. In the event the owner fails to reimburse the Township, the Township may place a lien on the property in the amount of the costs of said removal and, in the event that the Township incurs any additional costs in enforcing the lien and/or collecting the money owed, the owner shall be obligated to reimburse the Township for the additional costs and expenses, including reasonable attorney fees.