Flemington City Zoning Code
§ 2639
SOLAR ENERGY FACILITIES.
[Ord. No. 2012-01]
A.
Solar facilities shall be permitted to be accessory uses which may be ground mounted and mounted to principal and accessory structures and buildings. Facilities which constitute principal uses, pursuant to Section 1201, shall be prohibited.
B.
Applicants are encouraged to enter into solar easements with neighboring property owners in order to ensure continuing access to sunlight for a solar facility.
C.
Solar facilities 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 shall comply with all Borough stormwater, grading, and soil disturbance regulations.
D.
A zoning permit must be issued for all systems.
E.
Ground systems shall meet the side and rear yard setback standards for accessory structures in the zone which the structure is located.
F.
Ground systems shall not be located in the front yard.
G.
Ground mounted facilities greater than 1,000 square feet shall meet the following:
1.
One or more of the following must be provided beneath the structures: meadow, grass, agricultural area for crops, or parking spaces.
2.
Site disturbance including but not limited to, grading, soil removal, excavation, and soil compaction, including beneath a ground mounted system, shall be minimized to the extent practical.
3.
Mounting of the solar structures shall minimize impervious surfaces except for concrete footings or other support systems.
4.
Ground systems shall have a solid screen of evergreen plantings and/or a fence shall be provided along property lines shared with a residential zone district and rights-of-way.
5.
The minimum height of the screening shall be 8 feet when planted.
6.
Existing vegetation shall be retained to the extent practical.
H.
All electrical control equipment shall be labeled and secured to prevent unauthorized access.
I.
There shall be no signs that are visible from any public road posted on a solar facility or any associated building or structure, except for the manufacturer's or installer's identification, appropriate warning signs, or owner identification.
J.
Roof mounted systems shall be mounted parallel to the roof angle and shall not exceed a height of 18 inches above the roofline. Notwithstanding, systems shall not exceed the maximum building height in the zone district.
K.
The following standards apply to properties within the Borough's historic district where the solar panels will be visible from a public right-of-way within the historic district:
1.
Installation of solar panels shall not alter significant or character-defining features of a historic resource, such as altering existing roof lines or dormers. Installations that obstruct views of significant architectural features (such as overlaying windows or decorative detailing) or intrude on views of neighboring historic properties in an historic district shall be prohibited.
2.
Roof mounted systems shall be mounted parallel to the roof angle and shall not exceed a height of 6 inches above the roofline. Notwithstanding, systems shall not exceed the maximum building height in the zone district.
3.
On flat roofs, solar panels shall be set back from the edge so that they are not visible from the public right-of-way.
4.
Solar panels should be located on one roof plane (as opposed to scattered among several roofs) and arranged in a pattern that matches the general shape and configuration of the roof upon which they are mounted.
5.
Ensure that solar panels, support structures, and conduits blend into the surrounding features of the historic resource. The overall visibility and reflectivity of solar panels and their support structures can be substantially reduced if elements of the solar installation match the surrounding building fabric in color.
6.
Solar panel installations should be reversible. The use of solar roof tiles, laminates, glazing, and other technologies that require the removal of intact historic fabric or that permanently alter or damage such fabric should be avoided. Consider the type and condition of the existing building fabric for which solar panels installation is proposed, as well as the method of attachment and future removal. Minimizing the number of points of attachment, including the use of brackets, will avoid damaging historic fabric.
L.
A permit issued pursuant to this Ordinance shall expire if:
1.
The solar or photovoltaic facility is not installed and functioning within 24 months from the date the permit is issued; or
2.
The solar or photovoltaic facility is out of service or otherwise unused for a continuous 18-month period.
3.
A solar or photovoltaic facility that is out-of-service for a continuous 12 -month period will be deemed to have been abandoned.
4.
The Borough may issue a Notice of Abandonment to the owner of a solar or photovoltaic facility that is deemed to have been abandoned. The notice shall be sent return receipt requested.
5.
The owner shall have the right to respond to the Notice of Abandonment within 30 days from notice receipt date.
6.
If the owner provides information that demonstrates the solar or photovoltaic facility has not been abandoned, the Borough shall withdraw the Notice of Abandonment and notify the owner that the notice has been withdrawn.
7.
If the Borough determines that the solar or photovoltaic facility has been abandoned, the owner of the solar or photovoltaic facility shall remove the photovoltaic panels, inverters, interconnection hardware, substations, racking or mounting structures, fencing, and all other structures and equipment at the owner's sole expense within 6 months after the owner receives the Notice of Abandonment.
8.
If the owner fails to remove the equipment in the time allowed under Subsection L7 above, the Borough may pursue legal action to have the solar or photovoltaic facility removed at the owner's expense.