Hardyston City Zoning Code
ARTICLE XXVII
Wind and Solar Energy Systems
§ 185-125 General provisions.
A.
The primary purpose of a wind or solar energy system will be to provide power for the principal use of the property whereon said system is to be located and shall not be for the generation of power for commercial purposes, although this provision shall not be interpreted to prohibit the sale of excess power generated from time to time from a wind or solar energy system designed to meet the energy needs of the principal use on the property. For the purposes of this article, the sale of excess power shall be limited so that in no event an energy system is generating more energy for sale than what is otherwise necessary to power the principal use on the property.
B.
Wind and solar energy systems shall only be permitted as an accessory use on the same lot as the principal use. Wind energy systems shall require a site plan approval from the Planning Board or Zoning Board of Adjustment. All applications shall demonstrate that the wind velocity and conditions at the proposed location will be suitable for the generation of electricity. In addition, all applications shall include an environmental impact statement. All energy systems require approval from the Zoning Official and Building Department prior to installation. All applications for an energy system shall include appropriate information demonstrating compliance with this article. In the event that the Zoning Officer or Construction Official does not agree that the provisions of this article will be satisfied, an applicant may apply to the appropriate land use board for an interpretation or variance as necessary.
C.
Small wind energy systems.
(1)
Wind turbines are permitted in all residential zone districts subject to the following requirements:
(a)
Minimum lot size: 10 acres.
(b)
Minimum setbacks: All wind turbines shall be set back from all property lines a minimum distance equal to 100% of the height of the structure, including blades. Guide wires used to support the tower may encroach into the side and rear setbacks but in no case should the guy wires extend into the required yard area for a principal structure.
(c)
Wind turbines, support equipment and/or guide wires will not be permitted in the front yard.
(d)
Mechanical equipment and buildings provided for storage of materials and equipment shall conform to standards for an accessory structure within the applicable zone.
(e)
Maximum height: Freestanding wind turbines shall not exceed a height of 80 feet. The maximum height shall include the height of the blades at their highest point.
(f)
No more than one wind turbine shall be permitted on any lot.
(g)
Wind turbines shall not be permitted as rooftop installations.
(h)
Wind turbines on residential properties shall have a nameplate capacity of 100 kilowatts or less.
(2)
Wind turbines shall be permitted in a nonresidential zoning district, subject to the bulk requirements of that district and the following:
(a)
Minimum lot size: 10 acres.
(b)
The maximum height for a wind turbine shall be 150 feet, including the height of the blades at their highest point.
(c)
Minimum setbacks: All wind turbines shall be set back from all property lines a distance equal to 100% of the height of the turbine, including the blades. Guide wires used to support the tower may encroach into the side and rear setbacks.
(d)
No wind turbines, support equipment and/or guide wires shall be permitted in the front yard.
(e)
Mechanical equipment and buildings provided for storage of materials and equipment shall conform to the standards for an accessory structure within the applicable zone.
(f)
No more than one wind turbine shall be permitted on any lot.
(g)
Wind turbines shall not be permitted as a rooftop installation.
(4)
Wind turbines shall be designed with an automatic brake or other similar device to prevent over-speeding and excessive pressure on the tower structure.
(5)
Wind energy systems shall not be artificially lighted except to the extent required by the FAA or other applicable authority.
(6)
All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.
(7)
The wind energy system shall be designed to prevent interference with any television or radio reception or transmission and shall be in compliance with any federal, state or county regulations.
(8)
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 of 10 feet above the ground level.
(9)
All moving parts of the wind energy system shall be a minimum of 15 feet above the ground level.
(10)
The blades of the wind energy system shall be constructed of a corrosive-resistant material.
(11)
All parts of the wind energy system, including but not limited to guy wires, shall be on the same lot as the system.
D.
Solar energy systems.
(1)
Rooftop solar panel installations.
(a)
Solar panels shall be permitted as a rooftop installation in any zoning district. The solar panels shall not exceed a height of 12 inches from the rooftop.
(b)
Panels installed in a rooftop configuration must be installed not more than one foot beyond the actual boundaries or edges of the roof.
(c)
The preferred location for solar panels installed in a rooftop configuration is on the rear roof area except on any roof of a lakefront lot in the R-3 Zone. Solar panels installed in a rooftop configuration on the roof of a structure located on a lakefront lot in the R-3 Zone are preferred to be installed on the front roof area. If the applicant makes a showing to the satisfaction of the Construction Official that the rooftop configuration cannot be installed on the rear roof area or the front roof in the R-3 Zone, they may be installed on other appropriate roof areas.
(2)
Ground-mount solar panel installations.
(a)
Ground arrays shall not be permitted in the front yard.
(b)
Ground arrays shall be set back a minimum of 20 feet from side or rear property lines in all residential zones or in conformance with the required setbacks for accessory structures in nonresidential zones.
(c)
Ground arrays shall be located so that any glare is directed away from an adjoining property.
(d)
Ground arrays shall not exceed a height of 15 feet.
(e)
Ground arrays shall not be permitted in the R-3 District.
(f)
A solar energy system shall not add, contribute to or be calculated to cause an increase in impervious coverage for the purposes of conforming to zone standards.
E.
Wind and solar energy systems shall not be used for displaying or advertising except for the labeling information noted in Subsection J below.
F.
The design of wind or solar energy systems shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the facility into the natural setting and existing environment.
G.
The wind or solar energy system shall be located so that tree removal is not required to the extent reasonably possible.
H.
All electric lines and utility wires shall be installed underground.
I.
The installation of a wind or solar energy system shall conform to the requirements of Jersey Central Power and Light or United Service Electric for interconnection as the case may dictate.
J.
Labeling requirements.
(1)
A minimum of one sign shall be posted near ground level on the interconnection cabinet warning of high voltage. In addition, the following information shall be posted on a label or labels installed at the site:
K.
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.
L.
Abandonment.
(1)
A small wind energy system or solar energy system that is out of service for a continuous twelve-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 mail and certified mail, return receipt requested, to the owner of record.
(3)
Any abandoned system shall be removed at the owner's sole expense within six months of the date on the notice of abandonment from the municipality. If the system is not removed within the six-month period, the Township may remove the system.
(4)
When the owner of a wind or solar energy system has been notified to remove same and has not removed the system within six months after receiving the notice, then the Township may pursue legal action to have the system removed at the owner's expense. If removed by the owner, a demolition permit shall be obtained from the construction office prior to removal of the system. Upon removal, the site shall be cleaned, restored and landscaped to blend with the existing surrounding vegetation at the time of removal.
M.
Met towers shall be permitted under the same standards, permit requirements, restoration requirements and permit procedures as a small wind energy system.
N.
In addition to a site plan approval for a small wind energy system, a zoning permit and building permit shall be required for the installation of a small wind energy system or a solar energy system. Documents required for a zoning permit shall include the following:
(1)
Survey of the property.
(2)
Location, dimensions (including height) of existing major structures on the property.
(3)
Location, dimension and type of proposed energy system, including all structures accessory to the system.
(4)
Manufacturer solar energy system specification, including manufacturer and model.
(5)
Proof of notification of the utility company for interconnection purposes.
(6)
Other documents and plans containing enough information concerning the installation of the system for the Zoning Official to make a formal decision concerning conformance with the ordinance standards. The amount and accuracy of information provided shall be in the judgment of the Zoning Official.
O.
Any approval of a small wind or solar energy system does not create any actual or inferred small wind or solar energy system easement against adjacent property and/or structures. The owner and/or property owner of the small wind or solar energy system shall not infer or claim any rights to protective writs to any operating ineffectiveness against future development adjacent to or higher than the property location of the small wind or solar energy system. Any approval granted by the municipality under this article shall not create any future liability or infer any vested rights to the owner and/or property owner of the energy system on the part of the Township or by any other officer or employee thereof for any future claims against said issuance of approval of the energy system that result from reliance on this article or any administrative decision lawfully made thereunder.
P.
Severability. If any section, paragraph, subdivision, clause or provision of this article shall be judged invalid, such adjudication shall apply only to that section, paragraph, subdivision, clause or provision, and the remainder of this article shall be deemed valid and effective.