This chapter shall be referred to as the "Small Wind Energy System Ordinance."

(Ord. No. 4150, § 1, 9-14-2010)

The purpose of this chapter is to: (1) facilitate the permitting of small wind energy systems; and (2) preserve and protect public health and safety without significantly increasing the cost or decreasing the efficiency of a small wind energy system.

(Ord. No. 4150, § 2, 9-14-2010)

For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. When consistent with the context, words used in the present tense include the future, words in the plural include the singular and words in the singular include the plural. The word "shall" is always mandatory and not merely directory.

"Administrator" shall mean the land use administrator, construction official, zoning officer or planning board or zoning board of adjustment, as applicable.

"Board" means the planning board or zoning board of adjustment, as applicable.

"Meteorological tower" or "met tower" means 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.

"Owner" shall mean the individual or entity that intends to own and operate the small wind energy system in accordance with this chapter.

"Rotor diameter" means the cross sectional dimension of the circle swept by the rotating blades of a wind-powered energy generator.

"Small wind energy system" means a wind energy system, as defined in this section, that:

A.

Is used to generate electricity;

B.

Has a nameplate capacity of one hundred (100) kilowatts or less; and

C.

Is as high as necessary to capture the wind energy resource for residential, industrial, commercial or agricultural use.

"Total height" means, 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.

"Tower" means a monopole, freestanding, or guyed structure that supports a wind generator.

"Wind energy system" means 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.

"Wind generator" means 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.

(Ord. No. 4150, § 3, 9-14-2010)

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 the city's building set back requirements. No portion of the wind generator shall extend beyond the setback line, nor into the following:

1.

Any public road right-of-way, unless written permission is granted by the government entity with jurisdiction over the road right-of-way;

2.

Any overhead utility lines, unless written permission is granted by the utility that owns and/or controls the lines.

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 (8) 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 generator system or any associated building, except for the manufacturer's or installer's identification, appropriate warning signs, or owner identification.

F.

Utility Notification and Interconnection. Small wind energy systems that connect to the electric utility shall comply with the New Jersey's Net Metering and Interconnection Standards for Class I Renewable Energy Systems at N.J.A.C. 14:4-9

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.

(Ord. No. 4150, § 4, 9-14-2010)

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, 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, which shall be twenty-five dollars ($25.00) and shall be non-refundable.

D.

Expiration. A permit issued pursuant to this chapter shall expire if:

1.

The small wind energy system is not installed and functioning within twenty-four (24) months from the date the permit is issued, or

2.

The small wind energy system is out of service or otherwise unused for a continuous 18-month period.

(Ord. No. 4150, § 5, 9-14-2010)

A.

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

B.

The administrator 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 thirty (30) days from notice receipt date.

D.

If the owner provides information that demonstrates the small wind energy system 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 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 six (6) months after the owner receives the notice of abandonment.

F.

If the owner fails to remove the wind generator from the tower in the time allowed under Subsection E. above, the administrator may pursue legal action to have the wind generator removed at the owner's expense.

Nothing in this section shall supersede the city's emergency powers to remove, demolish or abate, as set forth in this City Code.

(Ord. No. 4150, § 6, 9-14-2010)

A.

An owner shall submit an application to the administrator for a zoning permit for a small wind 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.

(Ord. No. 4150, § 7, 9-14-2010)

A.

It is unlawful for any person to construct, install, or operate a small wind energy system that is not in compliance with this chapter.

B.

Small wind energy systems installed prior to the adoption of this chapter are exempt from the requirements of this chapter, except for the provisions at Section 17.60.070 hereinabove regarding abandonment.

(Ord. No. 4150, § 8, 9-14-2010)

A.

This chapter shall be administered and enforced by the land use administrator, construction official, zoning officer or planning board or zoning board of adjustment, as applicable.

B.

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 have been 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.

(Ord. No. 4150, § 9, 9-14-2010)

A.

Any person who fails to comply with any provision of this chapter shall be subject to enforcement and penalties as stipulated in chapter and section of the appropriate zoning code.

B.

Nothing in this section shall be construed to prevent the city from using any other lawful means to enforce this chapter.

(Ord. No. 4150, § 10, 9-14-2010)