Franklin Township City Zoning Code
§ 90-59.2
Small wind energy system accessory use standards.
[Added 12-6-2010 by Ord. No. 2010-14]
A.
Purpose. The purpose of this section is to promote the safe effective and efficient use of small wind energy systems to reduce the on-site consumption of utility-supplied electricity and to protect the public health safety and general welfare for the residents of the Township of Franklin.
B.
Applicability. Small wind energy systems, as defined in Subsection C, shall be a permitted accessory use in all zone districts in accordance with the standards set forth in Subsection D, herein.
C.
Definitions.
OWNER
The individual or entity that intends to own and operate the small wind energy system in accordance with this section.
RENEWABLE ENERGY FACILITY
A facility that engages in the production of electric energy from solar technologies, photovoltaic technologies, or wind energy.
ROTOR DIAMETER
The cross-sectional dimension of the circle swept by the rotating blades of a wind powered energy generator.
SMALL WIND ENERGY SYSTEM
A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity consistent with applicable provisions of 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 in accordance with the requirements of P.L. 2009, c. 244.[1]
SYSTEM HEIGHT
The height above grade of the tower plus the wind generator.
TOWER HEIGHT
The height above grade of the fixed portion of the tower, excluding the wind generator.
VAWT SYSTEMS
Vertical axis wind turbine which utilizes vertical panels as opposed to horizontal propellers.
WIND ENERGY SYSTEM
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. For the purposes of this section, "wind energy system" refers only to those systems that are outdoors.
WIND GENERATOR
Blades and associated mechanical and electrical conversion components mounted on top of the tower.
[1]
Editor's Note: See N.J.S.A. 40:55D-66.12.
D.
Zoning permit required. No small wind energy system shall be installed without first having obtained a Zoning Permit pursuant to § 90-61 in accordance with the requirements set forth in Subsection E herein.
E.
Standards. A small wind energy system shall be permitted subject to the following:
(1)
Small wind energy systems shall be permitted as an accessory use in all zone districts.
(2)
A minimum lot size of five acres shall be required to install a small wind energy system.
(3)
Small wind energy systems shall not be located within the front yard setback of the applicable zone district.
(4)
Towers shall be set back a distance equal to 1 1/2 the height of the tower from all property lines, public roads, power lines, and existing and proposed structures. The distance shall be measured from the center of the tower.
(5)
Towers shall not exceed a total height of 100 feet.
(6)
Small wind energy systems shall be placed in such a manner as to minimize visual impacts to adjacent residential zone districts and/or existing residential dwellings.
(7)
Access restrictions shall be designed as follows:
(a)
All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.
(b)
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 15 feet above the ground.
(8)
A small wind energy system shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration.
(9)
A small wind energy system shall remain painted or finished in the color or finish of grey or white that was originally applied by the manufacturer.
(10)
There shall be no signs on a small wind generator system or any associated building except for the manufacturer or installer identification and appropriate warning signs.
(11)
Small wind energy systems that connect to the electric utility grid shall comply with the New Jersey Net Metering and Interconnection Standards for Class I Renewable Energy Systems at N.J.A.C. 14:4-9.
(12)
No more than one small wind energy system shall be permitted on a lot.
(13)
The level of noise produced by wind turbine operation shall not exceed 55 dBA beyond the ambient noise levels prior to construction as measured at the property boundaries of the parcel on which the small wind energy system is located. The applicant shall provide technical information on noise levels prepared by a qualified professional.
(14)
No small wind energy system shall be roof-mounted, except that a VAWT system may be installed upon a roof subject to the following requirements:
(a)
A VAWT system may be roof-mounted provided that the total height of the system shall not extend beyond 10 feet above the roof line and may be located on any portion of the roof provided further that the said system shall be setback no less than 50 feet from any property line.
(15)
All wind energy systems, unless a VAWT system permitted to be constructed on a roof, shall be mounted on a monopole and shall not utilize a truss frame construction requiring wired guyed systems.
(16)
All wind energy systems shall provide for manual braking system and an over-speed control to prevent over spin during periods of excessively high winds.
(17)
There shall be a minimum ground clearance of at least 30 feet between the finished grade and bottom of any rotor of a wind energy system mounted on a tower.
(18)
Batteries used in conjunction with wind energy systems shall be recycled or properly disposed of in accordance with hazardous waste management regulations.
(19)
All power lines from the small wind energy system to on-site interconnection equipment shall be located underground and installed by certified professional and must meet all applicable national, state, and local electrical codes. All power lines from small wind energy systems to on-site interconnection equipment shall be located underground or above ground in conduit where underground installation is impractical due to subsurface conditions, and installed by a certified professional and must meet all applicable national, state and local electrical codes.
F.
Zoning permit requirements for small wind energy systems.
(1)
An application for a Zoning Permit for a small wind energy system shall provide the following information:
(a)
Location, dimension and use of all existing structures on site.
(b)
Location and proposed ground elevation of the proposed small energy wind system.
(c)
Location of all aboveground utilities on the proposed parcel.
(d)
Location of all public and private roadways.
(e)
Design data indicating the basis of design including manufacturer's specifications and operation requirements.
(f)
Verification shall be provided by a design professional that the proposed location on the subject parcel and proposed tower elevation has sufficient wind speeds for operation of the wind energy system. Upon completion, a certified letter will be required stating that the structure was constructed as per the certified drawings by licensed professional engineer.
(g)
Surrounding land uses adjacent to the parcel.
G.
Abandonment. A small wind energy system that is out-of-service for a continuous twelve-month period shall be deemed abandoned. The Township Zoning Officer may issue a notice of abandonment to the owner of an abandoned small wind energy system. The owner shall have the right to respond to the notice of abandonment within 30 days from the receipt date. The Township Zoning Officer shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn if the owner provides the Township Zoning Officer with information demonstrating the small wind energy system has not been abandoned. If the small wind energy system is determined to be abandoned, the owner of the small wind energy system shall remove the wind generator from the tower at the owner's sole expense within three months of receipt of notice of abandonment. If the owner fails to remove the wind generator from the tower, the municipality may pursue a legal action to have the wind generator removed at the owner's expense.
H.
Compliance with Building Code. Building permit applications shall be accompanied by standard drawings of structural components of the small wind energy system, including support structures, tower base and footings. Drawings and necessary calculations shall be certified in writing by a registered professional engineer that the system complies with the Building Code.