Greenwich Township City Zoning Code
§ 16-4.19
Renewable energy facilities.
[Added by Ord. No. 2010-06; amended by Ord. No. 2011-09; Ord. No. 2012-06]
a.
Solar and photovoltaic facilities.
1.
General requirements. The following general requirements shall apply to solar and photovoltaic facilities, regardless of whether they are accessory or permitted uses:
(a)
Systems shall be permitted to be ground-mounted and mounted to principal and accessory structures and buildings. Solar or photovoltaic energy structures may be mounted to a roof of any structure that does not face a public street. Solar or photovoltaic energy structures are discouraged from being mounted to a roof of any structure that faces a public street. However, installation of solar or photovoltaic energy structures on roofs facing a public street is permitted where the front-facing roof is oriented south, southwest, or southeast.
[Amended 11-19-2020 by Ord. No. 113-2020]
(b)
Facilities shall not be counted in the calculation of maximum impervious cover, unless the area under the system (excluding the footings) consists of an impervious material, such as pavement. The design of the systems shall comply with all Township stormwater, grading, and soil disturbance regulations, and the applicant shall take appropriate measures to prevent a concentrated flow of runoff.
(c)
Ground-mounted systems contained within an area of 1,000 square feet (including the aggregate area of multiple systems) to 10 acres shall require minor site plan approval prior to obtaining a zoning permit. Systems greater than 10 acres in size shall require preliminary and final site plan approval prior to obtaining a zoning permit.
(d)
Ground systems greater than 1,000 square feet shall provide one or more of the following beneath the structures: meadow grasses or agricultural area for crops or grazing farm animals.
(e)
Where the subject site consists of active agriculture, 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 so that the subject site can subsequently return to active agricultural production after the useful life and removal of the solar array.
(f)
Mounting of the solar structures shall, to the extent practical, be accomplished without the use of footings, concrete, or other impervious surfaces.
(g)
Roadways within the site shall not be constructed of impervious materials and shall be designed to minimize the extent of roadways constructed and associated soil compaction. Wooded sites may not be clear-cut to construct renewable energy facilities.
(h)
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.
(i)
All electrical and control equipment shall be labeled and secured to prevent unauthorized access.
(j)
There shall be no signs that are visible from any public road posted on a solar or photovoltaic system or any associated building or structure, except for the manufacturer's or installer's identification, appropriate warning signs, or owner identification.
(k)
A construction permit and/or certificate of completion issued pursuant to this section shall expire if:
(l)
In addition to those items required for an application to be approved, a site plan application shall depict the following:
(1)
Location of proposed and existing underground or overhead utility or transmission lines.
(2)
Location of any proposed or existing substation, inverter or transformer.
(3)
Description of any necessary upgrades or modifications to existing substations or the necessity for a new substation.
(4)
Description of how the energy generated by the facility will be connected to the electrical distribution or transmission system or the electrical system of the intended energy user.
(5)
For projects over 2 MW, the location and elevations of all transmission lines, support structures and attachments to a substation(s).
(6)
For projects over 2 MW, documentation detailing the available capacity of the existing electric infrastructure in the region and the amount of that capacity the project will absorb.
(7)
For projects over 2 MW, an interconnection agreement with PJM.
(8)
Location of existing hedgerows and vegetated windbreaks. Trees within this area that have a caliper of six inches (dbh) or greater shall also be identified by location, species, and overall condition.
(9)
A decommissioning plan and estimate.
(m)
Abandonment.
(1)
A solar energy system that is out of service for a continuous twelve-month period will be deemed to have been abandoned.
(2)
The Township may issue a notice of abandonment to the owner of a solar energy system that is deemed to have been abandoned. The notice shall be sent return receipt requested.
(3)
The owner shall have the right to respond to the notice of abandonment within 30 days from the notice receipt date.
(4)
If the owner provides information that demonstrates the solar energy system has not been abandoned, the Township shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn.
(5)
If the designated Township official determines that the solar energy system has been abandoned, the owner of the solar energy system shall remove the solar energy system and properly dispose of the components at the owner's sole expense within six months after the owner receives the notice of abandonment.
(6)
In the event that the owner fails to remove the solar energy system, the Township and/or its employees and/or contractors may enter the property to remove the solar energy system (but shall not be obligated to remove same); and in the event that the Township performs the removal, all costs and expenses 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 and expenses of said removal; and in the event that the Township incurs any additional costs and expenses 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 attorneys' fees.
(n)
Guidelines for standards imposed by the Board of Adjustment as conditions for use variance approval in all zones other than ROM Zones. Siting renewable energy facilities within the Township must be integrated with Greenwich's unique status as a municipality which has adopted a Master Plan and Land Development Ordinance for the primary purpose of preserving its farmland, agricultural heritage, and resource conservation.
(1)
In order to promote a policy of utilizing the most-suitable lands within the Township's Resource Conservation District (RCD) for farming, grid-scale renewable energy facilities should not be located on lots with greater than 75% prime agricultural soils.
(2)
In order to support the goal of providing for large contiguous tracts of farmland within the Township's RCD District, grid-scale renewable energy facilities should not be located on lots which are adjacent to preserved farmland.
(3)
In order to retain the rural appearance of the Township's RCD District as opposed to the industrial appearance of electric generating facilities, any grid-scale renewable energy facilities which are approved should provide sufficient land area and landscape material around the perimeter of the developed area to provide an effective year-round screen of the view of the facilities from adjacent public or private roads and residences.
2.
Principal use requirements. The following requirements shall apply to solar and photovoltaic facilities where they are permitted principal uses. These requirements shall be bulk requirements for permitted uses in the ROM Zone.
(a)
Minimum lot size shall be 20 contiguous acres.
(b)
No more than 50% of the lot shall be covered by the renewable energy facility.
(c)
The following setbacks shall apply to ground-mounted systems:
(d)
The following minimum screening requirements shall be met. However, notwithstanding the minimum requirements, the applicant shall demonstrate, to the satisfaction of the approving board, that the proposed screening provides a year-round visual screen of the facility from neighboring residential properties. Additional screening may be needed to meet this requirement, or the design and location of the solar facility shall be revised to mitigate the visual impact upon the neighboring residential properties.
(1)
Neighboring residential properties shall be defined for this purpose as those properties which abut the subject site, those properties which are located directly across the street from the subject site or, in the case of hillsides or mountainsides overlooking the subject site, properties within 500 feet of the subject site.
(3)
Substations and other associated transmission structures shall be screened with a double row of evergreen plantings with a minimum height of eight feet.
(4)
Existing hedgerows or vegetated windbreaks that provide screening of the subject site from neighboring properties shall be retained and augmented unless waived by the approving board.
(e)
Fencing may be required where deemed by the approving board to be necessary for health, safety or welfare or for reducing visual impact. The type of fencing shall be approved by the reviewing board in conjunction with the site plan application.
(f)
All landscaping, as installed, shall conform to and be in accordance with the plan approved and/or signed by the board. Prior to the issuance of a permanent certificate of occupancy, completion or compliance (whichever is applicable) and prior to the release of any performance guarantee, the landscaping shall be installed and a two-year maintenance guarantee in a form acceptable to the Township Attorney and in an amount acceptable to the board landscape architectural expert shall be posted with the Township. If the applicant applies for a certificate of occupancy during a nonplanting season, the applicant may obtain a temporary certificate of occupancy without installation of the landscaping but if and only if the applicant posts a performance guarantee in a form acceptable to the Township Attorney and in an amount acceptable to the Township Engineer guaranteeing installation of the landscaping during the next planting season and further guaranteeing the subsequent posting of a two-year maintenance guarantee. The applicant shall have a continuing obligation to maintain all landscaping for its intended purpose (i.e., for screening if planted for buffering purposes or for aesthetics if planted for enhancement purposes), which shall include, but not be limited to, repairing and/or replanting to the satisfaction of the Township Planning/Engineering Department any and all landscaping that becomes damaged and/or dies. (This continuing maintenance obligation is in addition to, and notwithstanding, the fact that a maintenance guarantee may or may not be required in any particular application.) In the event that the Township Engineer determines that utilization of an outside expert (e.g., board landscape architectural expert) is necessary to fulfill the intent of this section, all costs and expenses of such outside experts shall be reimbursed to the Township by the applicant.
(g)
The applicant shall submit an affidavit agreeing that any approval for a solar energy generating facility shall be subject to site plan approval for any necessary new substations or modifications to existing substations.
3.
Accessory use requirements. The following requirements shall apply to solar and photovoltaic facilities where they are accessory to residential or commercial uses:
(a)
Ground-mounted systems which do not exceed 1,000 square feet (including the aggregate area of multiple systems) shall meet the side and rear yard setback standards for accessory structures in the zone in which the structure is located.
(b)
Ground systems shall not be located between a building line and a public street (i.e., ground systems shall not be located in a front yard).
(c)
The gross area of ground-mounted systems, including the aggregate area of multiple systems, which are greater than 1,000 square feet (including the aggregate area of multiple systems) shall meet the following screening requirements:
4.
Residential-scale renewable energy generating facilities.
(a)
Facility components shall be permitted to be mounted to principal and accessory structures and buildings or ground-mounted.
(b)
A zoning permit must be issued for all systems. Ground-mounted systems measuring greater than 1,000 square feet shall require a minor site plan approval prior to being issued a zoning permit.
(c)
Facility components shall be mounted parallel to the roof of the supporting structure and shall not protrude above eight inches from the roof.
(d)
Ground-mounted systems shall not exceed 1,000 square feet on any lot in the PDZ Zone, PDSFZ Zone or any lot in the RCD District and subject to Development Option 1.
5.
Farm-scale renewable energy generating facilities, solar.
(a)
Ground-mounted systems which are rated to generate 10 kilowatts (10 kW) of electricity or greater shall require site plan approval prior to obtaining a zoning permit. Systems covering greater than 10 acres are prohibited.
(b)
On nonpreserved, agriculturally assessed farms, ground-mounted facilities shall be permitted on a farm management unit at a ratio of one acre devoted to the solar facility to five acres devoted to agriculture (approximately 17%) or a maximum of 10 acres maximum taken out of agricultural production, whichever first applies. This area shall be calculated including required roadways and buffers. In no case shall a facility be rated to generate more than two megawatts (2 MW) of electricity.
(c)
Ground-mounted farm-scale facilities which are to be located as accessory uses on an agriculturally assessed farm or preserved farms shall be placed as far from public rights-of-way and viewsheds in the most visually remote areas as possible.
(d)
All farm-scale solar energy generating facilities shall comply with the State Agricultural Development Committee (SADC) agricultural management practice for solar energy generation. The SADC has established an agricultural management practice (AMP), or standards, which commercial farms must meet to be eligible for right-to-farm protection for the on-farm generation of solar energy. This rule was required to implement legislation that extends the protections of the Right to Farm Act to the generation of solar energy on commercial and preserved farms within certain limits. The rule can be found on the SADC website at http://www.state.nj.us/agriculture/sadc/ruleprop/.
(e)
In no case shall such facilities be located closer than 300 feet to any residential improvement on an adjacent lot.
(f)
The energy generating facility location shall avoid prime soils.
(g)
A preserved farm renewable energy generating facility shall be permitted at a scale of energy production not to exceed 110% of the previous year's energy demand for the farm management unit or may cover a maximum of 1% of the total acreage of the farm management unit, whichever is greater. In no case shall a facility be rated to generate more than two megawatts (2 MW) of electricity.
b.
Wind energy facilities.
1.
General requirements. The following general requirements shall apply to wind facilities, regardless of whether they are accessory or permitted uses:
(a)
Small wind energy systems shall be considered accessory uses. Wind energy facilities that do not meet the definition shall be considered principal uses.
(b)
"System height" shall be defined as the height above grade of the tower plus the wind generator.
(c)
"Tower height" shall be defined as the height above grade of the fixed portion of the tower, excluding the wind generator.
(d)
All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.
(e)
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.
(f)
Small wind energy systems that connect to the electric utility shall comply with New Jersey's Net Metering and Interconnection Standards for Class I Renewable Energy Systems at N.J.A.C. 14:4-9.
(g)
A met tower shall be permitted under the same standards, permit requirements, restoration requirements and permit procedures as a small wind energy system.
(h)
All electrical and 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 wind energy system or any associated building or structure, except for the manufacturer's or installer's identification, appropriate warning signs, or owner identification.
(j)
Permit requirements.
(1)
A preliminary and final site plan approval is required before a zoning permit may be issued for a wind energy system which is a principal use.
(2)
A zoning permit shall be required for the installation of a small wind energy system.
(3)
The zoning permit application shall be accompanied by a plot plan which includes the following:
[a]
Property lines and physical dimensions of the property;
[b]
Location, dimensions, and types of existing major structures on the property;
[c]
Location of the proposed small wind energy system tower;
[d]
The right-of-way of any public road that is contiguous with the property;
[e]
Location of existing and proposed overhead utility lines;
[f]
System specifications, including manufacturer and model, rotor diameter, system height, and tower type (freestanding or guyed).
(l)
In addition to those items required for an application to be approved, a site plan application shall depict the following:
(1)
Location of proposed and existing overhead or underground utility or transmission lines.
(2)
Location of any proposed substation or transformer.
(3)
Description of any necessary upgrades or modifications to existing substations or the necessity for a new substation.
(4)
Description of how the energy generated by the facility will be connected to the electrical distribution or transmission system or the electrical system of the intended energy user.
(5)
For projects over 2 MW, the location and elevations of all transmission lines, support structures and attachments to a substation(s).
(m)
Abandonment.
(1)
A wind energy system that is out of service for a continuous twelve-month period will be deemed to have been abandoned.
(2)
The Township may issue a notice of abandonment to the owner of a wind energy system that is deemed to have been abandoned. The notice shall be sent return receipt requested.
(3)
The owner shall have the right to respond to the notice of abandonment within 30 days from the notice receipt date.
(4)
If the owner provides information that demonstrates the wind energy system has not been abandoned, the Township shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn.
(5)
If the designated Township official determines that the wind energy system has been abandoned, the owner of the wind energy system shall remove the tower and wind generator from the tower at the owner's sole expense within six months after the owner receives the notice of abandonment.
(6)
In the event that the applicant fails to remove the wind energy system, the Township and/or its employees and/or contractors may enter the property to remove the wind energy system (but shall not be obligated to remove same); and in the event that the Township performs the removal, all costs and expenses of such removal shall be reimbursed to the Township by the applicant. In the event the applicant fails to reimburse the Township, the Township may place a lien on the property in the amount of the costs and expenses of said removal; and in the event that the Township incurs any additional costs and expenses in enforcing the lien and/or collecting the money owed, the applicant shall be obligated to reimburse the Township for the additional costs and expenses, including reasonable attorneys' fees.
2.
Principal use requirements. The following requirements shall apply to wind energy system facilities where they are permitted principal uses. These requirements shall be bulk requirements for permitted uses.
(a)
The minimum lot size shall be 20 contiguous acres.
(b)
Unless otherwise stated, all buildings and structures shall comply with the standards of the zone district.
(c)
A wind tower shall be set back from the property line a minimum distance of 150% of the system height. However, the setback to a residential use or zone district shall be a minimum of 500 feet.
(d)
Substations shall be set back a minimum of 150 feet from a property line. However, the setback to a residential use or zone district shall be a minimum of 200 feet.
(e)
No portion of the wind generator shall extend into any public road right-of-way.
(f)
A wind energy system shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration.
(g)
The wind generator and the tower shall be a neutral color that is appropriate for its location and will allow the tower to be as unobtrusive as possible, unless otherwise required by the FAA.
(h)
The applicant shall submit an affidavit agreeing that any approval for a wind energy generating facility shall be subject to site plan approval for any necessary new substations or modifications to existing substations.
3.
Accessory use requirements. The following requirements shall apply to wind facilities where they are accessory uses:
(a)
Wind facilities as an accessory use shall be limited to one monopole.
(b)
No wind tower shall be located on a property which is less than 10 acres in size and 500 feet in width.
(c)
A wind tower shall be set back a minimum distance of 150% of the system height.
(d)
No wind tower on a residential property shall be located between a building line and a public street.
(e)
No portion of the wind generator shall extend into any public road right-of-way.
(f)
A small wind energy system shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration.
(g)
The wind generator and the tower shall be a neutral color that is appropriate for its location and will allow the tower to be as unobtrusive as possible, unless otherwise required by the FAA.