The purpose of this section is to encourage the use of renewable energy facilities to produce electricity within the township and to reduce dependence on nonrenewable fuels in a manner consistent with the township's land use and environmental goals and objectives. The primary purpose of an accessory small wind or solar energy system is to provide power to the principal use of the property whereon said system is to be located, as an accessory use. The primary purpose of an accessory small wind or small solar energy system shall not be for the generation of power for sale, although this provision shall not be interpreted to prohibit the sale of excess power back to the utility grid from time to time when the energy needs of the principal use have been met. The primary purpose of a commercial solar energy facility, which is a permitted principal use or permitted conditional use in specified zoning districts, is to produce energy from renewable sources for sale directly to a particular customer or by distribution through the energy distribution infrastructure (the grid).

(Ord. No. 34-2010, § XIV, 12-28-2010)

A.

Solar energy facilities may be ground-mounted and/or mounted to principal and accessory structures and buildings.

B.

All roof-mounted solar energy systems are considered an accessory use.

C.

Solar panels do not count in the calculation of maximum lot coverage or maximum impervious cover, unless the area under the system (excluding the footings) consists of an impervious material, such as pavement. Nevertheless, the design of the systems and the accessory structures and other improvements (driveways, etc.) shall comply with all township stormwater, grading, and soil disturbance regulations.

D.

Ground-mounted solar facilities covering a gross area greater than one thousand (1,000) square feet shall provide soil stabilization in the form of meadow grasses or agricultural area for shade crops or grazing farm animals.

E.

To the extent practical, solar panels and wind turbines must be sited to minimize the need to remove trees or other natural features from setback areas unless acceptable replacement buffering is provided. Trees within fifty (50) feet of property lines must be maintained as a buffer. For principal uses, trees proposed for removal in order to maximize the productivity and efficiency of the solar energy system or for grading must be identified on the site plan. Trees may not be removed from wetlands or required wetland buffer areas unless a tree replacement plan or buffer averaging plan is approved by the NJDEP.

F.

Site disturbance including but not limited to, grading, soil removal, excavation, and soil compaction shall be minimized to the extent practical. Roadways within the site should likewise be constructed to minimize the extent of soil compaction.

G.

All electrical and control equipment shall be labeled and secured to prevent unauthorized access.

H.

The renewable energy system shall not be used for displaying advertisements for any product or service, except for the reasonable identification of the manufacturer or operator of the system.

I.

Abandonment.

1.

A small wind energy system or solar energy system that is out of service for a continuous twelve (12) month period will be deemed to have been abandoned.

2.

The zoning officer may issue a notice of abandonment to the owner. The notice shall be sent via regular and certified mail, return receipt requested, to the owner of record.

3.

The land owner shall have thirty (30) days to respond. If information is provided demonstrating that the system has not been abandoned, then the zoning officer shall withdraw the notice.

4.

Any abandoned system shall be removed at the owner's sole expense within six months after the owner receives the notice of abandonment from the municipality. If the system is not removed within six months of receipt of notice from the township notifying the owner of such abandonment, the township may remove the system as set forth below.

5.

When an owner of a wind or solar energy system has been notified to remove same and has not done so six months after receiving said notice, then the township may remove such system and place a lien upon the property for the cost of the removal. If removed by the owner, a demolition permit shall be obtained and the facility shall be removed. Upon removal, the site shall be cleaned, restored and revegetated to blend with the existing surrounding vegetation at the time of abandonment.

J.

Applicants are encouraged to enter into solar easements with neighboring property owners in order to ensure continuing access to sunlight for a solar or photovoltaic system.

K.

The installation shall conform to the National Electrical Code as adopted by the New Jersey Department of Community Affairs (DCA).

L.

The installation of a wind or solar energy system is subject to all Atlantic City Electric Company's (or its successor) requirements for interconnection.

M.

The height limitations provided in Chapter 90 for specific zoning districts shall not apply to wind and solar energy systems. Wind and solar energy systems shall conform to the height restrictions provided in this section.

(Ord. No. 34-2010, § XIV, 12-28-2010)

A.

The primary purpose of a small wind or solar energy system is to provide power to the principal use of the property whereon said system is located, as an accessory use. The primary purpose of a small wind or small solar energy system under this section shall not be for the generation of power for sale, although this provision shall not be interpreted to prohibit the sale of excess power back to the utility grid from time to time from a wind or solar energy system primarily designed to meet the energy needs of the principal use. For the purposes of this ordinance, the sale of excess power shall be limited so that in no event an energy system is generating more energy for sale each month than the equivalent of what is otherwise necessary to power the principle use(s) on the property.

B.

Small wind and solar energy systems shall only be permitted as an accessory use on the same lot or tract of land as the principle use. All energy systems require approval from the zoning officer and construction office prior to installation. Applications for a renewable energy system shall include information demonstrating compliance with the provisions of this ordinance. In the event that the zoning officer or construction officer finds that the provisions of this ordinance will not be satisfied, an applicant may apply to the land use board for a variance in accordance with the provisions of Municipal Land Use Law (N.J.S.A, 40:55D-70).

C.

Renewable Energy Facilities (small wind and solar energy systems) on Farms. Small wind and solar energy systems are permitted on preserved and unpreserved farms in any zoning district in accordance with P.L. 2009 Chapter 213 (approved on January 16, 2010), which permits solar and wind generation facilities, structures, and equipment on the commercial farm or within the exception area on a preserved farm, for the purpose of generating power or heat. Prior to installing or constructing renewable energy facilities the owner of a farm must apply to East Greenwich Township for a zoning permit and must apply to the New Jersey Department of Agriculture as required by Section 5 of P.L. 2009 C.213.

1.

For preserved farms the following standards apply:

a.

The wind and solar energy systems may not interfere significantly with the use of the land for agricultural or horticultural production.

b.

The wind and solar energy systems must be owned by the land owner or will be owned by the landowner upon the conclusion of a term of agreement with the installer of the renewable energy system.

c.

The wind and solar energy systems must be used to power or heat the farm, and to reduce energy costs on the farm.

d.

The energy generation capacity must be limited to the previous calendar year's energy demand plus ten (10) percent or at the option of the land owner may be limited to occupy no more than one (1) percent of the area of the entire farm (including the preserved and unpreserved areas). This does not include roof-mounted equipment that was already in place at the time of the adoption of this ordinance.

e.

Energy produced may only be sold through net metering to ensure that the energy produced is primarily used on-site.

f.

The land owner must seek and obtain approval of the state agriculture development committee before constructing, installing or operating the wind or solar energy generation facilities, structures, equipment. The land owner must provide East Greenwich Township with a copy of the state agriculture development committee (SADC) approval.

g.

The solar and wind energy generation systems must comply with the setbacks required in subsections D and E below as applicable.

2.

For unpreserved commercial farms the following standards apply:

a.

In addition to other activities protected by the "Right to Farm", a commercial farm that conforms to generally accepted agricultural management practices (AMPs) may engage in the generation of power or heat from biomass, solar or wind energy consistent with applicable laws and the agricultural management practices adopted by the state agriculture development committee (SADC).

b.

The land used for the renewable energy system may be eligible for farmland assessment if the following conditions are met:

i.

The property is part of an operating farm;

ii.

In the prior tax year the land used for the renewable energy system was valued, assessed, and taxed as agricultural or horticultural land;

iii.

The power or heat generated is used to provide power or heat to the farm or agricultural or horticultural operation supporting the viability of the farm, though not necessarily exclusively;

iv.

The property owner has filed a conservation plan with the soil conservation district to account for the aesthetic, impervious coverage and environmental impacts of the renewable energy facilities and the conservation plan has been approved by the district;

v.

Where ground-mounted solar panels are installed, the property under the solar panels is used to the greatest extent practicable for the farming of shade crops or for pasture grazing;

vi.

The amount of acreage devoted to the structures needed for the renewable energy facility does not exceed a ratio of one to five for land devoted to renewable energy facilities and land devoted to agricultural operations;

vii.

The renewable energy facilities are constructed or installed on no more than ten (10) acres of the farmland for which the owner is applying for valuation, assessment and taxation and no more than two megawatts are generated on the ten (10) acres or less; and

viii.

Income received for energy generated may not be considered income for farmland assessment eligibility.

c.

The solar and wind energy generation systems must comply with the setbacks required in subsections D and E below as applicable.

D.

Small Wind Energy Systems.

1.

Small wind turbines are a permitted accessory use in specified zoning districts subject to the following requirements:

a.

The lot must be a minimum of one acre in size, provided the lot size and dimensions are sufficient to meet the setback requirements below.

b.

Minimum setbacks: All wind turbines shall be setback from all property lines a distance equal to one hundred (100) percent of the height of the structure including the blades, or one hundred (100) feet, whichever is greater.

c.

Wind turbines shall not be permitted in any front yard.

d.

Maximum Height. Freestanding wind turbines shall not exceed a height of eighty (80) feet on lots between one acre and three acres. On lots consisting of three acres or more, the maximum height permitted is one hundred fifty (150) feet. The maximum height shall include the height of the blades at the highest point.

e.

No more than one wind turbine shall be permitted per property, unless the wind turbines are used to power a farm and more than one is required.

f.

Wind turbines shall not be permitted as a rooftop installation.

g.

Wind turbines on residential properties shall have the nameplate capacity of one hundred (100) kilowatts or less.

2.

Noise. All wind energy systems shall comply with the following:

a.

Between the wind turbine and a residential use or residential zone, sound levels of the wind energy system shall not exceed fifty-five (55) dBA at a common property line or fifty (50) dBA to the closest occupied structure.

b.

In all other cases at a common property line sound levels of the wind energy system shall not exceed sixty-five (65) dBA.

c.

These levels may be exceeded during short-term events such as utility outages and/or severe windstorms.

3.

Wind turbines shall be designed with an automatic brake or other similar device to prevent over-speeding and excessive pressure on the tower structure.

4.

Wind energy systems shall not be artificially lighted, except to the extent required by the Federal Aviation Administration (FAA) or other applicable authority. Proposed lighting should be shown on the plan and should be in accordance with FAA regulations.

5.

All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.

6.

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.

7.

All moving parts of the wind energy system shall be a minimum of twelve (12) feet above ground level.

8.

The blades on the wind energy system shall be constructed of a corrosive-resistant material.

9.

All guy wires and all parts of the wind energy system shall be located on the same lot as the energy system.

10.

The wind energy generation equipment must be painted or finished to minimize visual impact. Neutral colors are required such as white, grey or beige.

11.

Approval Required. All applications for small wind energy systems shall be presented to the planning board for minor site plan approval.

a.

Permit and Site Plan Requirements. In addition to other normally required application materials for site plan applications as set forth in the land development checklist, the site plan application shall be accompanied by a plot plan which includes the following:

(i)

Property lines and physical dimensions of the property;

(ii)

Location, dimensions, and types of existing structures on the property;

(iii)

Location of the proposed small wind energy system tower;

(iv)

The location of the right-of-way of any public road that is contiguous with the property;

(v)

The location of overhead utility lines;

(vi)

Small wind energy system specifications, including manufacturer and model, rotor diameter, tower height, tower type (freestanding or guyed);

(vii)

Tower and tower foundation drawings signed and sealed by a professional engineer licensed in the State of New Jersey;

(viii)

Sound level analysis prepared by the wind turbine manufacturer or qualified engineer including noise levels of the proposed wind energy system at all property lines and the closest neighboring inhabited dwelling.

(ix)

A visual analysis must be submitted, including photos of the subject property, that graphically simulates the appearance of any proposed small wind energy system and indicating its view from at least five locations around and within one mile of the proposed tower.

(x)

A report from a structural engineer containing the following: A description of the tower, including a description of the design characteristics and material; and documentation to establish that the tower has sufficient structural integrity for the proposed uses at the proposed location and meets the applicable minimum safety requirements. The applicant shall provide evidence that the proposed tower height does not exceed the height recommended by the manufacturer for the wind turbine. Every two years the owner shall submit a structural report to the construction department attesting to the structural integrity of the tower and/or support system.

E.

Solar Energy Systems.

1.

Solar panels shall be permitted as a rooftop installation in any zoning district. The solar panels shall not exceed a height of twelve (12) inches from the rooftop. In no event shall the placement of the solar panels result in a total height including building and panels than the height that is permitted in the zoning district which they are located.

2.

Solar panels shall be permitted as ground arrays in accordance with the following:

(a)

All ground arrays shall be set back a minimum distance of twenty (20) feet from all property lines in addition to any required agricultural buffer in a residential zoning district or in conformance with the bulk standards for accessory structures in commercial districts as provided herein. Ground arrays shall not be permitted within any required buffer area.

(b)

Ground arrays shall not be permitted in a front yard.

(c)

Ground arrays shall not include reflective mirrors to intensify solar rays.

(d)

Ground arrays shall not exceed a height of thirteen (13) feet.

(e)

Ground solar arrays for accessory use may not exceed a gross area of one thousand (1,000) square feet.

(Ord. No. 34-2010, § XIV, 12-28-2010)

A.

Purpose. The purpose of this section is to provide flexibility within the specified zoning districts to permit commercial solar energy systems as a principal use on properties meeting the criteria set forth below. "Solar or photovoltaic energy facility or structure" has been defined in the New Jersey Municipal Land Use Law as an inherently beneficial use and the township concurs that the provision of electricity generated at a renewable energy facility will benefit the community by promoting the public health, safety and general welfare; as long as the facility will be in harmony with the township's overall land use plans and will not negatively impact upon the township's other goals and objectives. Where commercial solar energy facilities are a permitted principal use, the requirements are bulk requirements, and where commercial solar energy facilities are a permitted conditional use, the requirements are conditions. For renewable energy facilities as an accessory use, see Section 16.85.030.

B.

Commercial Redevelopment and Conservation of Environmentally Sensitive Areas. Commercial solar energy facilities are not permitted within the B-3 community commercial overlay area. The purposes of the B-3 community commercial overlay is to promote specific types of development at key locations.

C.

Minimum Lot size Requirements for Commercial Solar Energy Facilities. These standards are bulk requirements for permitted uses and conditions for conditional uses.

1.

Industrial (I) Zone: Ten (10) contiguous acres.

2.

Rural Residential Zone (RR): Forty (40) contiguous acres.

D.

Agriculture Retention.

1.

Commercial Solar Energy Facilities as a Principal Use Are Not an Agricultural Use. Solar energy systems are permitted in conjunction with preserved and commercial farms in accordance with Section 16.85.020.

2.

Agriculture Retention. It is the township's intention to support the retention of the productive agricultural land base. Commercial solar facilities are not permitted on preserved farms (accessory solar facilities are permitted on preserved farms in accordance with Section 16.85.020). Within the rural residential RR zoning district, commercial solar energy facilities are permitted only when one of the following conditions are met:

a.

The property is the subject of a valid vested major subdivision approval at the time the commercial solar site plan application is approved by the land use board; or

b.

Less than fifty (50) percent of the lot consists of prime agricultural soils and less than seventy (70) percent of the lot consists of a combination of prime and state-wide important soils. To the extent possible, it is the township's intent to maintain this valuable farmland as an unfragmented agricultural production area.

3.

Buffers. If the property is adjacent to a permanently preserved farm it shall buffer the solar facility from view with an opaque landscaped screen consisting of a double row of evergreen trees, a minimum of eight feet high at the time of planting.

E.

Requirements for Commercial Solar Energy facilities.

1.

Commercial solar energy systems shall require a minor site plan approval if the gross area of ground-mounted systems, including the aggregate area of disturbance for multiple systems, consists of five thousand (5,000) square feet or less, and major site plan approval if the proposal consists of five thousand (5,000) square feet or more of disturbance. The site plan must show the location of any proposed or existing substation, inverter, transformer, or overhead transmission lines.

2.

The solar energy system equipment may be located outside as necessary for the function of the system, and is not limited by the requirements of the underlying zoning districts limiting outdoor storage.

3.

Agricultural buffers must be maintained where required in accordance with Section 16.28. However, for equipment and nonbuilding structures the agricultural buffer and the setbacks need not be aggregated. Rather the greater of the setbacks applies. For example if the agricultural buffer required is fifty (50) feet and the setback is fifty (50) feet, the required setback is fifty (50) feet (not one hundred (100) feet).

4.

Setbacks. These standards are bulk requirements for permitted uses and conditions for conditional uses.

a.

Building structures, inverters, and equipment cabinets must meet the following bulk and set back requirements:

i.

Front yard setback: One hundred (100) feet.

ii.

Rear yard and side yard setback to residential zone: One hundred (100) feet.

iii.

Rear yard and side yard setback to nonresidential zone: Fifty (50) feet.

iv.

Maximum building height: Twenty-five (25) feet.

b.

Ground arrays must be setback a minimum of fifty (50) feet from all property lines (or the agricultural buffer distance, whichever is greater).

5.

The maximum permitted height for ground arrays is thirteen (13) feet.

6.

Office and storage buildings and equipment cabinets are permitted as accessory to a commercial solar energy operation in accordance with the setbacks in subsection D.1. above.

7.

Substations shall be set back a minimum of one hundred (100) feet from all property lines and must be buffered with evergreen trees.

8.

Ground-mounted systems shall be screened from view with an opaque visual screen containing a combination of plantings, a fence and/or earthen berm, which must be approved at the time of site plan approval.

a.

Evergreen trees shall be a minimum of six feet at the time of planting and deciduous trees shall be a minimum of three-inch caliper.

b.

The screened buffer area shall be a minimum of thirty (30) feet in width to adjacent residential properties and twenty (20) feet in width between nonresidential properties and along public roads.

c.

In addition to the perimeter screening standards, substations shall be screened with a double row of evergreen plantings with a minimum height of eight feet.

d.

Existing vegetation including existing hedgerows or windbreaks shall be retained to the extent practical to provide or partially provide the required opaque visual screen.

9.

The applicant must submit a narrative with the site plan application explaining:

a.

The intended consumers of the electricity produced.

b.

The anticipated number of employees at the site and the anticipated vehicle traffic.

c.

Description of how the energy generated by the facility will be transmitted to the larger electrical distribution system.

d.

The type of solar or photovoltaic panels proposed.

e.

How the facility will be maintained.

10.

In addition to other required site plan information, the site plan must illustrate the following:

a.

The location of proposed and existing overhead and underground utility and transmission lines.

b.

Location and dimensions of any proposed or existing substations, inverters or transformers.

c.

Description of any necessary upgrades or modifications to existing substations or the necessity for a new substation.

11.

One off-street parking space is required for each employee anticipated during the busiest shift, plus one visitor space.

12.

All exterior electrical lines must be placed in a conduit pursuant to National Electrical Code except for such portion of lines that are connecting or will connect to overhead wires for the use of electricity off-site; and, except to such portion of lines that are connecting or will connect to overhead wires for use of electricity off-site, exterior electrical lines shall be buried below the surface of the ground where needed in order to comply with the National Electrical Code or standards or regulations promulgated by DCA or the New Jersey Board of Public Utilities.

(Ord. No. 34-2010, § XIV, 12-28-2010)