Lafayette City Zoning Code
§ 13-6.17
Renewable Energy System.
[Ord. No. 2015-17 § 2; Ord. No. 2017-12 §§ 1—3]
a.
Purpose.
[Amended 7-2-2019 by Ord. No. 2019-09]
1.
The primary purpose of a renewable energy system shall 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 renewable energy system designed to meet the energy needs of the principal use. For the purposes of this chapter, the sale of excess power shall be limited, so that in no event is a renewable energy system generating more energy for sale than what is otherwise necessary to power the principal use on the property.
2.
A small community solar system shall also be a permitted purpose of a renewable energy system.
b.
Applicability. Small wind energy and solar energy systems shall be permitted as an accessory use on the same lot as the principal use in all districts, and small community solar systems shall be permitted as a principal or accessory use in all districts, subject to the requirements of this section. Renewable energy systems shall be a permitted use on any lots comprising 20 or more contiguous acres owned by the same person or entity within the LI Light Industry and EI Extractive Industry Districts. This subsection shall not apply to roof-mounted solar energy systems which systems and equipment extend 12 inches or less beyond the roofline or highest point of the roof structure on which the system is located. This subsection shall also not apply to ground-mounted solar energy systems that consist of 10 or fewer panels, and are situated more than 50 feet from the nearest property boundary line.
[Amended 7-2-2019 by Ord. No. 2019-09]
c.
Design and Installation. Renewable energy systems shall comply with the accessory structure restrictions contained in the zoning district where the system is located, unless otherwise set forth below:
1.
The systems shall conform to all current industry standards, including the National Electric Code as adopted by the NJ Department of Community Affairs.
2.
All exterior electrical, utility and/or plumbing lines must be buried below the surface of the ground and be placed in a conduit. All electrical, utility and/or plumbing lines leading down the side of a structure from rooftop installations shall be installed and maintained as aesthetically as possible.
3.
Renewable energy systems that connect to the electric utility shall comply with the applicable interconnection standards for Class I Renewable Energy Systems, as may be amended.
4.
The systems shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the system. In no case shall any identification be visible from a lot line.
5.
The design of renewable energy systems shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the system into the natural setting and existing environment.
6.
The installation of a wind or solar energy system shall conform to the extent applicable to the Uniform Construction Code, as amended, and is subject to all local utility company requirements for interconnection.
d.
Setbacks and Height Restrictions.
1.
A renewable energy system must comply with all requirements for accessory buildings for the zoning district where the system is to be installed, unless otherwise set forth in Subsection 13-6.17.
[Ord. No. 2017-12 § 1]
2.
When a building or cabinet is necessary for storage cells or related mechanical equipment, it must be documented as to the necessity. The building may not exceed 120 square feet in area nor 15 feet in height and must be located at least the number of feet equal to the accessory building setback requirements of the zoning district from any lot line. Any mechanical equipment associated with and necessary for operation, including any building or cabinet for batteries and storage cells, shall be equipped with a functioning lock and posted with a small sign notifying the existence of renewable energy system equipment on the outside of the building or cabinet, in order to notify emergency personnel.
e.
Abandonment. A renewable energy system that is out of service for a continuous 12-month period shall be deemed abandoned. The Municipal Zoning Officer may issue a notice of abandonment to the owner of an abandoned renewable energy system. The owner shall have the right to respond to the notice of abandonment within 30 days from the receipt date. The Municipal Zoning Officer shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn if the owner provides the Municipal Zoning Officer with information demonstrating the renewable energy system has not been abandoned. If the renewable energy system is determined to be abandoned, the owner of the renewable energy system shall remove the system at the owner's sole expense within three months of receipt of notice of abandonment. If the owner fails to remove the renewable energy system, the Township may pursue a legal action to have the system removed at the owner's expense.
f.
Solar Energy Systems. Solar energy systems shall not be permitted in a front yard, and shall be located so that any glare is directed away from an adjoining property. Solar panels shall not add, contribute to or be calculated to cause an increase in impervious surface coverage or ratio of any lot. All solar energy systems shall comply with the accessory structure setbacks and the requirements of Subsection 13-6.4.
[Ord. No. 2017-12 § 2]
1.
Rooftop Solar Panels. Solar panels shall be permitted as a rooftop installation in any zoning district. The solar panels shall not exceed a height of 12 inches above the highest point of the roof structure. In no event shall the placement of solar panels result in a total height, including building and panels, greater than one foot in excess of what is permitted for the principal structure in the zoning district in which they are located. Panels installed in a rooftop configuration must be installed within the actual boundaries or edges of the roof area and cannot overhang any portion of the edge of roof. Solar panels installed in a rooftop configuration should be installed on the rear roof area to the extent possible.
2.
Ground-Mounted Solar Panels. Ground-mounted solar panels shall be considered accessory structures. Ground-mounted solar panels are to provide buffering sufficient to protect Township interests and the interests of adjoining neighbors and the neighborhood in general.
The accessory setbacks as required by the applicable zone shall be required between any ground-mounted solar panel and any lot line. Ground-mounted solar panels shall not exceed a height of 15 feet.
Ground-mounted solar panels, to the extent possible, shall not be visible from the public traveled way (public roads, trails, navigable waterways, scenic highways and byways), publicly owned properties, open space, preserved farmland and historic resources, including sites and buildings listed or eligible for listing on the State and National Registers of Historic Places. To the extent achievable, solar panels shall be sited using the natural topography to screen the various components of the energy system from public view and the view of any adjoining residences.
(a)
Development Review Requirements and Procedures for Ground-Mounted Solar Panels.
Applicants for zoning permits and/or building permits of ground-mounted solar panels where no approvals from the Land Use Board are required shall initially apply for a Ground-Mounted Solar Panel Certificate of Compliance of Buffering to determine whether sufficient buffering is provided. The applicant shall utilize a plan or sketch to identify the type of ground-mounted solar panels proposed, and detail the proposed buffer treatments as required below. All determinations concerning buffering of ground-mounted solar panels shall be made by the Township Zoning Officer.
A certificate of compliance shall be issued by the Zoning Officer to document that the proposed ground-mounted solar panels meet the requirements of this section for buffering. The Certificate of Compliance shall be required as a condition for the issuance of a building permit for all renewable energy systems.
Where it is clearly demonstrated to the satisfaction of the Township Zoning Officer, on a sketch or plan as required in this section, that the proposed ground-mounted solar panels: 1) will not negatively impair the visual character of the area; 2) the proposed development does not involve subdivision, site plan, conditional use, variance or other Land Use Board approval; and 3) the proposed development complies with the general requirements and design requirements, standards and limitations set for in Subsection 13-6.17, a Ground-Mounted Solar Panel Certificate of Compliance may be administratively issued by the Zoning Officer.
If an application for ground-mounted solar panels does not comport with the requirements of this section, an application shall be made to the Lafayette Township Land Use Board.
The fees for an application for a Ground-Mounted Solar Panel Certificate of Compliance from the Township Zoning Officer, and the fees for an application to the Lafayette Township Land Use Board for determination regarding the renewable energy system buffering shall be as set forth in §§ 14-5 and 14-6, and Schedules H and I.
[Ord. No. 2017-12 §§ 1—3]
3.
No Additional Rights. Any approval of a solar energy system does not create any actual or inferred solar energy system easement against adjacent property and/or structures. The owner and/or property owner of a solar energy system shall not infer or claim any rights to protective writs to any caused shadows or operating ineffectiveness against future development adjacent to or higher than the property location of the solar energy system. The approval of any solar energy system granted by the Township under this subsection shall not create any future liability or infer any vested rights to the owner and/or property owner of the solar 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 solar energy system that result from reliance on this subsection or any administrative decision lawfully made thereunder.
g.
Small Wind Energy Systems.
1.
Design Criteria.
(a)
Wind generators shall be designed with an automatic brake or other similar device to prevent over-speeding and excessive pressure on the tower structure.
(b)
Small wind energy systems shall not be artificially lighted, except to the extent required by the FAA or other applicable authority.
(c)
All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.
(d)
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.
(e)
All moving parts of the small wind energy system shall be a minimum of 10 feet above ground level.
(f)
The blades on the small wind energy system shall be constructed of a corrosive resistant material.
(g)
All guy wires or any part of the wind energy system shall be located on the same lot as the energy system.
(h)
All equipment, sheds and tower bases shall be enclosed with a security chain link or wood fence of at least seven feet in height, but no higher than eight feet unless otherwise approved by the Zoning Officer. All fences shall include a functioning locking security gate.
(i)
The connection between the small wind energy system and the building, electrical grid or street shall be underground.
2.
Bulk Requirements:
(a)
Minimum lot size 10 acres.
(b)
Minimum setbacks: All wind generators shall be setback from all setback lines a distance equal to 100% of the height of the structure plus 10 feet, including the blades.
(c)
Wind generators shall not be permitted in any front yards, unless application is made to and granted by the Land Use Board, based upon topographic conditions.
(d)
Maximum Height. Freestanding wind generators shall not exceed a height of 120 feet, plus blades but in no event higher than 145 feet. The maximum height shall include the height of the blades at its highest point. If a height variance is granted, any approved tower must be monopole construction.
(e)
No more than one wind generator shall be permitted on any parcel of property.
(f)
Wind generators shall not be allowed as rooftop installations.
(g)
Wind generators on properties shall have a nameplate capacity (maximum ability to generate energy) of 20 kilowatts or less. If a kilowatt variance is granted, then the approved tower must be of monopole construction.
(h)
Towers for the wind generators shall have footprints no larger than 13 feet x 13 feet in size.
(i)
The highest elevation (mean sea level) of small wind energy systems shall be limited to 640 feet in accordance with the Township's Ridgeline and Hillside Viewshed Protection Overlay Zone Ordinance.
3.
Noise. All small wind energy systems shall comply with the following:
(a)
Between a residential use or zone, sound levels of the wind energy system shall not exceed a 55 dBA at a common property line and 50 dBA to the closest occupied structure.
(b)
In all other cases at a common property line sound levels of the wind energy system shall not exceed 65 dBA.
(c)
These levels may be exceeded during short-term events such as utility outages and/or severe windstorms, for a maximum of four hours.
4.
Site Location. It is important to preserve the scenic beauty of the Township's ridgeline and hillside viewshed protection area, with the understanding that the ridgeline may be optimum site location. With that understanding, the location of the wind generators should take into consideration ridgelines, scenic vistas, the size of the generator proposed, the location of the residence on the property, nearby residences and other pertinent factors.