Liberty Township City Zoning Code
ARTICLE III
General Provisions
§ 105-5 Applicability to all zones.
Each of the sections and provisions of this article shall apply to all zones, unless otherwise stated.
§ 105-6 Accessory structures.
No accessory structure may be built on any lot on which there is no principal building or structure. Unless otherwise regulated in this chapter, accessory structures shall meet the following conditions:
A.
Accessory structures in agricultural and residential zones.
(1)
Except for accessory structures used in connection with agricultural uses, accessory structures shall not exceed 16 feet in height.
(2)
Accessory structures shall meet the front and side yard requirements of the principal building.
(3)
Accessory structures erected in the rear yard shall be at least 10 feet from a side or rear property line.
(4)
Accessory structures shall be at least 10 feet from a principal building and at least six feet from another accessory building.
(5)
Accessory structures, such as boathouses or docks, may be placed along the waterfront of a lot having such frontage, regardless of rear yard requirements.
(6)
Except for accessory structures used in connection with agricultural uses, the total ground floor area of all accessory structures on a lot shall not exceed the ground floor area of the principal building.
(7)
No accessory structure shall be used as a dwelling.
(8)
No accessory structure shall be permitted in a front yard.
[Added 11-14-2002 by Ord. No. 2002-10]
B.
Accessory structures in all other districts. For the purposes of this chapter, accessory structures in all other districts shall meet the height and yard requirements for principal buildings. No such accessory building shall be located closer to another building than the height of the shorter building.
§ 105-7 Building permits.
A.
Look-alikes.
[Amended 2-1-1988]
(1)
Building permits will not be issued for any new dwelling to be constructed in a development plan consisting of two or more dwellings unless the exterior designs are substantially different in appearance from any contiguous, adjacent or nearby dwelling within 500 feet or within two conforming lots within the particular zone, whichever distance is greater, of the proposed dwelling and measured in either direction along the road frontage upon which the proposed dwelling is to be constructed. Said five-hundred-foot distance between dwellings shall include dwellings situated on the opposite side of the road or, in the case of intersecting streets, 500 feet from any intersection. Proposed dwellings shall be substantially different in design within the distances outlined above. The distances outlined above shall be measured from the exterior lot lines of the properties in question.
(2)
For the purposes of this subsection, "substantially different" shall mean that a proposed dwelling must incorporate four major changes in design, which major changes shall differentiate said dwelling from other dwellings situated within the distances delineated above. "Major changes" shall mean and include but not be necessarily limited to:
(a)
Location of garage, portico or breezeway.
(b)
Location, size and type of windows and doors.
(c)
Type, design and pitch of roofs, including roofing material, color and pattern thereof.
(d)
Type, design and color of exterior siding material of the front of the dwelling and at least one other facet of the unit.
(e)
Floor plans.
(3)
Further, notwithstanding the above distance requirements, the developer must use a minimum of substantially different designs as per the following schedule:
Number of Lots | Minimum of Substantially Different Designs | |
|---|---|---|
3 to 7 | 3 | |
8 to 15 | 4 | |
16 to 25 | 5 | |
26 to 40 | 6 | |
41 to 80 | 7 | |
80 and above | 8 |
(4)
The developer shall submit architectural drawings which incorporate the proposed exterior designs as outlined above for the Board's review as part of the developer's preliminary application.
(5)
For purposes of this subsection, the developer may submit architectural drawings to the Board which incorporate changes other than those outlined above for review, and it shall be in the discretion of the Board to determine if said designs constitute substantially different major changes in order to conform to the above provisions of this subsection.
(6)
It is not the intent or purpose of this subsection to suggest that a developer should propose a development which includes more than one basic architectural style in a single development, i.e., colonials mixed with Tudors or ranch or Cape Cods, etc., and the same is to be discouraged in that to mix said designs would be less aesthetically pleasing and acceptable than a basic architectural styling theme with the major changes noted above.
B.
The physical contour of any lot shall not be altered in any manner affecting drainage to the detriment of the property or adjoining property, nor shall natural contours be disturbed or excavations permitted which are likely to involve risks of erosion, landslide, injury to natural vegetation or other hazardous or adverse conditions. In addition, the following specific requirements shall be met:
(1)
There shall be no increase in the grade of a lot within five feet of an adjoining street or property line.
(2)
No grade shall be increased to a slope greater than two to one.
(3)
There shall be no filling of land nor the erection of retaining walls in any location or to such a height as would reduce the normal sight distance along a street from any point at the setback line on any adjoining lot.
C.
If the Construction Official finds that the construction of any building or the disturbance of the natural contours is likely to result in any condition mentioned in Subsection B above, he shall refer the application and plot plan to the Township Engineer. Upon advice of the Township Engineer, the Construction Official shall require such changes in the construction plans, or he shall require the construction of berms, gutters, retaining walls, dry wells, catch basins and similar structures as may be necessary to control drainage, to reduce excavation, to maintain a natural environment to the greatest degree possible and to otherwise prevent or eliminate danger or hazardous conditions.
[Amended 7-6-1987]
D.
No structure or part thereof shall be erected, raised, moved, extended, enlarged, altered or demolished and no excavation for any building shall be dug until a building permit has been granted by the Construction Official. Application thereof shall be filed, in duplicate, by the owner or his agent, and it shall state the intended use of the structure and of the land. This application shall be accompanied by detailed plans and specifications.
[Amended 7-6-1987]
§ 105-8 Certificates of occupancy.
[Amended 7-6-1987]
No land shall be used and no new structure shall be occupied or used, in whole or in part, for any use, nor shall the use of any land or structure be changed from an existing to a new use until a certificate of occupancy is issued by the Construction Official, stating that the structure and the occupancy and use of the land and the structure, if any, conform to the provisions of this chapter. In addition, a certificate of occupancy shall be obtained prior to the occupancy of any existing nonresidential land or building or part thereof by a new owner or tenant, even if there is no change in the use of the land or building or part thereof. Such certificates of occupancy shall be granted or denied within 15 days from the date written application has been received by the Construction Official. Unless a certificate is granted within such period, it shall be deemed to be denied. At the discretion of the Construction Official, a temporary certificate of occupancy may be issued, provided that health and safety factors are met, the dwelling is 75% completed and the remaining 25% must be completed within the year.
§ 105-8.1 (Reserved) [1]
[1]
Editor's Note: Former § 105-8.1, Certificates of continued occupancy, added 8-6-1996 by Ord. No. 98-11, was repealed 12-2-1999 by Ord. No. 99-13.
§ 105-9 Maintenance of records.
[Amended 7-6-1987]
It shall be the duty of the Construction Official to keep a record of all applications for building permits and certificates of occupancy and of all such permits and certificates issued, with a notation of all special conditions involved. He shall file and safely keep copies of all plans and specifications submitted with such applications, and the same shall form a part of the records of his office. Copies of certificates of occupancy shall be furnished upon request to any person having a proprietary or leasehold interest in the structure or land affected.
§ 105-10 Corner lots.
Where a lot is bounded by more than one street, the yard depth or setback from each street shall not be less than the required front yard on each street. On corner lots, the average lot depth measured from any abutting street shall not be less than 125% of the required minimum average lot width.
§ 105-11 Dangerous conditions and incongruous buildings.
No permit shall be granted for a building or use if the design or construction of the same is likely to involve exceptional risk of traffic congestion, public safety or hazard, nor shall a permit be issued for a building or use if the design or construction of the same is so markedly incongruous with the character of the neighborhood as to materially affect the value of adjacent property.
§ 105-12 Compliance required.
No land may be used and no structure may be erected, raised, moved, extended, enlarged, altered or used for any purpose other than a purpose permitted herein for the zone in which it is located, and all construction shall be in conformity with the regulations provided for the zone in which such construction is located.
§ 105-13 Enforcement.
[Amended 4-7-1986; 6-2-1986; 7-6-1987]
This chapter shall be enforced by the Zoning Officer, whose primary duty shall be to investigate violations, sign complaints where justified and cooperate with other Township officials in the prosecution of violators; however, before a court action is filed, the Zoning Officer shall obtain the approval of the Township Committee. The Construction Official or other Township employee authorized by the Township Committee shall have the right to inspect any lot or building at reasonable times for the purpose of investigating possible violations of this chapter or if it is in connection with an application for a building permit.
§ 105-14 Existing platted lots.
Any lot or plot, as recorded at the time of passage of this chapter, that fails to comply with the minimum lot area requirements of this chapter may be used for any use not otherwise prohibited in such district in which it lies, provided that said lot is in single ownership, as defined in this chapter, and further provided that all yard requirements are complied with; provided, however, that, where the average lot width is less than its zone district requirements, the side yards may be reduced by the percentage that the average lot width bears to the zone district requirements.
§ 105-15 Fences and walls.
A.
Fences and walls above grade shall be subject to the following limitations:
(1)
No wall or fence shall be erected within 25 feet of a street center line nor within five feet of a street right-of-way line.
(2)
Walls or fences, other than retaining walls, erected in a front yard shall not exceed four feet in height. Retaining walls located in the front yard shall not exceed six feet in height.
(3)
Walls or fences erected in the side or rear yards shall not exceed six feet in height.
B.
The foregoing limitations shall not apply to fences used in connection with agricultural uses, provided that the same do not obstruct vision for purposes of traffic safety, nor shall said limitations apply to fences or walls required by the Planning Board in connection with site plan approval.
§ 105-16 Exceptions to height limitations.
The height provisions of this chapter shall not apply to the erection of building appurtenances, such as church spires, belfries, towers or flagpoles, designed exclusively for ornamental purposes. The height provisions of this chapter shall, moreover, not apply to chimneys, flues, bulkheads, elevator enclosures, water tanks or similar accessory structures occupying an aggregate of 10% or less of the area of the roof on which they are located, and further provided that such structures do not exceed the height limit by more than 10 feet. Nothing in this chapter shall prevent the erection above the height limitation of a parapet wall or cornice extending above such height limit not more than three feet.
§ 105-17 Nature and extent of uses.
The control and regulation of the nature and extent of uses of structures as herein provided shall apply equally to the nature and extent of the use of land.
§ 105-18 Outdoor storage.
[Amended 7-6-1987; 6-3-1991 by Ord. No. 8-91]
Outdoor storage or display of any article or material as an accessory use to any commercial operation is permitted in the B-1, B-2, B-3, I-1 and I-2 Zones only, subject to the following regulations:
A.
The outdoor storage of any article or material, other than merchandise for sale on the premises, shall be limited to the side and rear yards and shall be screened by fencing, planting, or both, as approved by the Planning Board in accordance with Chapter 90. Subdivision and Site Plans. The height of the fence shall be equal to or greater than the height of the material stored, but not greater than six feet, and the height of the material to be stored shall not exceed six feet. Said storage shall be located at least 10 feet from a property line. Material so stored shall be kept in an orderly manner at all times, and such material shall not include any discarded or abandoned articles.
B.
The outdoor storage of merchandise for sale on the premises is permitted in the side and rear yards, provided that the same is located at least 25 feet from a street right-of-way and 10 feet from a property line. The area devoted to such storage shall be approved by the Planning Board in accordance with § 105-24 and shall be screened along any side or rear line adjoining a residential zone. The height of material so stored shall not exceed six feet, except for individual articles which have a height of more than six feet. No article or material shall be stored in any required parking area or so located as to interfere with vehicular or pedestrian traffic movement or safety. In addition, no article or material shall be stored or displayed on a sidewalk.
C.
The outdoor storage of live plants being displayed for sale on the premises may be located within 10 feet of a street right-of-way line and up to a property line, provided that the height of such material does not exceed three feet within 25 feet of the street right-of-way or within 10 feet of a property line.
D.
Excepting the outdoor storage of live plants, not more than 50% of any yard shall be devoted to outdoor storage or display.
§ 105-19 Principal buildings.
A.
Only one principal building may be erected on a lot, except for related buildings forming one principal use and limited to the following:
(1)
Public or institutional building complexes.
(2)
Industrial, I-1; manufacturing, 1-2; or retail, B-1, shopping complexes; B-2 and B-3, where an office park is proposed such that the gross density of construction does not exceed that otherwise permitted in the zone.
[Amended 6-3-1991 by Ord. No. 8-91]
B.
Unless otherwise regulated in this chapter, no principal building shall be located closer to another building than the height of one of the buildings, but in no event less than 15 feet.
§ 105-20 Required area and spaces.
No lot, yard, parking area or other space shall be so reduced in area or dimension as to make said area or dimension less than the minimum required under this chapter. If already less than the minimum required under this chapter, said area or dimension shall not be further reduced.
§ 105-21 Tourist cabins, trailers, storage trailers, tents and other movable dwellings. [1]
Except as provided in §§ 105-23 and 105-24 below, tourist cabins, house trailers, storage trailers, trailer courts, tents and all other movable dwellings may not be occupied, erected or moved into any zone; provided, however, that unoccupied house trailers may be stored in any zone, provided that the same are completely garaged at all times.
§ 105-22 Abandoned vehicles.
[Amended 9-6-1988]
No person shall keep, store, abandon or leave upon any parcel of land, public or private, or upon any street, road or highway within the Township any motor vehicle not currently used for transportation and not being licensed for the current year or which cannot be readily operated under its own power; however, nothing in this section shall prohibit the placing or storing of any such motor vehicles in any garage or other building.
§ 105-23 Construction trailers. [1]
The use of trailers in any zone in connection with site construction shall be permitted subject to the following restrictions and regulations:
A.
Such trailers shall be located on the lot on which construction is progressing and shall not be located within 25 feet of the boundary line of any abutting residential lot.
B.
Such trailers shall be used only as field offices and not for any dwelling use whatsoever.
C.
Such trailers shall not be moved onto a construction site until the date on or after which construction actually commences and shall be removed from such site on or before the completion of construction.
D.
A permit for the location and use of any such trailer shall be obtained from the Zoning Officer. Such permit shall be renewed evry six months.
§ 105-24 Parking and storage of boats and trailers.
The parking and storage of boats and trailers in any zone shall be permitted subject to the following restrictions and regulations:
A.
All trailers, boats or boat trailers shall be stored in the side or rear yard only. No trailer, boat or boat trailer shall be parked or stored in the front yard of a lot or in front of the front yard building line.
B.
The area devoted to the storage of boats or trailers shall not exceed 5% of the lot area or 400 square feet, whichever is the lesser.
C.
Any trailer, boat or boat trailer parked in the side or rear of any lot shall meet the requirements and regulations applicable to accessory buildings in regard to setbacks.
D.
Any trailer, boat or boat trailer parked or stored in a side or rear yard and not in an enclosed garage shall be screened from view of any adjoining street or property. Such screening shall not be less than the height of the object, but need not exceed six feet, and shall consist of a wall, fence, trellis, dense shrubbery or other attractive material. Such screening may be waived if topographic or other physical conditions would render the screening ineffective.
E.
The area in which any trailer, boat or boat trailer is to be parked or stored shall not preempt any off-street parking space required to be provided by any provision of this chapter.
F.
Prior to parking or storing any trailer, boat or boat trailer on any lot, except within an enclosed garage, the owner of said lot shall first apply to and obtain from the Zoning Officer a permit allowing such parking or storage. Such permit shall expire on the first day of January following its issuance and may be renewed for additional terms of one year each.
G.
An application for such permit shall be made on forms to be supplied by the Zoning Officer and shall set forth the following information:
H.
Such application shall be accompanied by a plot plan, drawn to scale, showing the location where such trailer or boat is to be parked or stored, the relation of such location to structures located on the same lot and on abutting lots, the relation to the boundary lines of abutting lots and the relation of such location to the required side and rear yards. Such plot plan shall be reasonably accurate and legible so as to enable the Zoning Officer to determine if the application complies with the provisions of this chapter. If a plot plan is not so accurate or legible, the Zoning Officer shall require an applicant to resubmit the same.
I.
An applicant for such permit shall pay a fee of $10 for the first issuance of such permit and a fee of $2 for each renewal thereof. Such fees shall be paid to the Zoning Officer.
J.
Nothing herein contained shall prohibit the Zoning Officer from issuing a temporary permit, without fee, allowing the temporary parking or storage of trailers, boats or boat trailers in any lot for a period not exceeding 14 days, provided that the Zoning Officer makes the following findings:
§ 105-24.1 Deposit of refuse.
[Added 9-6-1988]
No person shall throw, dump or deposit paper, bottles, containers, automobile parts, junked or wrecked or abandoned motor vehicles, unusable machinery or parts of machinery, old appliances, metal trash, debris, wood scraps or other waste material upon open fields, woods or private property. Anyone who is in violation of this section shall be given a thirty-day notice, after which, if it has not been corrected, he will receive a summons from the Zoning Officer.
§ 105-24.2 Construction debris.
[Added 9-6-1988]
No person or persons shall permit land to be covered with or contain refuse and debris resulting from construction activities or the demolishing of buildings. A certificate of occupancy shall not be issued until completion of this work. Salvaged building material neatly stored on the owner's premises shall not be deemed refuse or debris.
§ 105-24.3 Demolition of certain accessory buildings.
[Added 9-6-1988]
Any accessory building or barn in a residential zone, in such a state of disrepair as to endanger lives or to be ruled a fire hazard, shall be dismantled and removed by the owner. A demolition permit shall be obtained from the Construction Official for this purpose. The Township Committee shall be consulted for approval before taking any action in this section.
§ 105-24.4 Prohibited uses. [1]
[Added 5-6-2021 by Ord. No. 2021.004]
All classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in Section 3 of P.L. 2021, c. 16, but not the delivery of cannabis items and related supplies by a delivery service.
[1]
Editor's Note: Former § 105-24.4, Overnight parking in residential zones, added 9-6-1988, was repealed 12-4-1999 by Ord. No. 99-17.
§ 105-25 Development of small lots. [1]
[Added 8-1-1994 by Ord. No. 13-94]
A.
Purpose. The Township Committee finds that there are many relatively small lots in Liberty Township. The Committee further finds that development of these small lots is often proposed to occupy a disproportionately large portion of a lot, leaving little room for septic disposal areas, proper location of wells and provision of appropriate external recreation space. In order to avoid the overutilization of properties within the Township, floor area ratio provisions shall apply to all properties zoned for single-family detached development of one acre or less and for all nonresidential properties. The rationale for designation of one acre as the threshold is that for large lot development even a very large home will fit well within the conventional floor area ratio of 0.2.
B.
"Floor area ratio" is defined as the ratio of all floor areas of the building, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading and all floors below the first or ground floor except when used or intended to be used for human habitation or service to the public.
D.
Utilization of floor area ratio shall not be construed to permit violation of any other yard area or height limitation as set out elsewhere in this Code.
[1]
Editor's Note: Former § 105-25, Site plans involving variances, as amended, was repealed 8-7-1989 by Ord. No. 6-89.
§ 105-26 Subdivision or combining of lots.
When a new lot or lots are formed from a parcel of land or where two or more lots are combined into a single parcel of land, the separation or combination must be effected in such a manner as not to impair any of the provisions of this chapter. Taxes must be paid up to the current quarter before consideration can be given for approval (N.J.S.A. 40:55D-39e). Also, before an application may be considered for rezoning, all taxes must be paid up to the current quarter (N.J.S.A. 40:55D-65h).
§ 105-27 Temporary permits.
Temporary permits may be authorized by the Board of Adjustment, after a hearing, for a period not to exceed one year for nonconforming structures incidental to construction projects on the same premises and intended for such uses as storage of building supplies and machinery and the assembly of building materials. In addition, the Board of Adjustment, after a hearing, may authorize a certificate of occupancy for a dwelling house to be temporarily used as a sales and management office for the sale of those homes within a subdivision, provided that all of the following requirements are complied with:
A.
The house to be used as such office is built upon a lot approved as part of a subdivision that has been approved by the Planning Board.
B.
Said house is of substantially the same quality of construction as those homes to be sold within the subdivision.
C.
No business other than that accessory to the management and sales of the lands owned by the applicant shall be permitted.
D.
Said dwelling house shall meet all other zoning restrictions of the zone in which it is located.
E.
The temporary certificate of occupancy issued under this section shall be for no longer than a one-year period. However, such permit may be renewed by the Construction Official annually after a hearing.
[Amended 7-6-1987]
§ 105-28 Traffic visibility across corner lots.
A.
On a corner lot, a fence, wall or planting over 30 inches in height above the curb or edge of roadway which would obstruct vision for the purpose of traffic safety shall not be erected or maintained within a triangle formed by the point of intersection of the right-of-way lines of the intersecting streets and points on each of the intersecting right-of-way lines 25 feet from the point of intersection.
B.
Obstructions.
[Added 10-4-2012 by Ord. No. 12-03]
(1)
Every owner or occupant of lands lying within the Township adjoining a public roadway is prohibited from placing or allowing to be placed within five feet of the road right-of-way any obstruction, including, but not limited to, fences, walls, signs and pillars. This section shall not apply to signs installed by the Township, federal, county or state governments, utility poles, fire hydrants, or mailboxes installed in accordance with this Subsection B. However, under no circumstance shall a mailbox be installed in or about a wall, pillar or other permanent structure except by a post or pole as described below. Mailboxes shall be set on a single wood post that is not greater than four inches square or has a diameter of 4 1/2 inches or less, or affixed to a metal pole not greater than two inches square or has a diameter 2 1/4 inches or less. All such mailbox posts must be set back 12 inches from the edge of pavement. Also, all mailboxes must be installed in accordance with the rules, regulations and standards established by the United States Postal Service.
(2)
Except as provided for below, any obstruction installed in a way other than in the manner allowed by this Subsection B and that was installed prior to the date this Subsection B is adopted may continue in existence until such time as the obstruction is removed regardless of the cause or reason that such obstruction is removed. In the event that the obstruction is removed, it shall not be replaced, except, however, a mailbox may be replaced as provided for in this Subsection B. Notwithstanding the foregoing, any obstruction, including a wall, fence or vegetation that is deemed by the Township Engineer to create a hazard to persons traveling along the roadway, shall be removed by the property owner as ordered by the Township.
(3)
Any obstruction that is installed in violation of this Subsection B or is not removed after notice from the Township that an obstruction is causing a hazardous condition may be removed by the Township at the property owner’s expense. Prior to the Township taking any action to remove an obstruction, the property owner shall be afforded written notice of no less than 30 days to remove the obstruction, unless an emergency situation exists which requires the obstruction to be removed in less than 30 days. Notice shall be given either by personal delivery or by certified mail/return receipt requested. Any costs incurred by the Township in removing an obstruction found to be in violation of this Subsection B shall constitute a lien against the owner’s property to the extent allowed by law.
(4)
Any person given a notice to remove an obstruction may appeal such decision to the Land Use Board, by giving written notice to the Township Clerk/Administrator within seven days of receipt of the notice to remove the obstruction
§ 105-29 Yards.
A.
Every lot must provide front, rear and side yards as required for its zone. All front yards must face upon a public street or private street approved by the Planning Board or Township Committee. On streets less than 50 feet in width, the required front yard shall be increased by 1/2 of the difference between the width of the street and 50 feet. If a width greater than 50 feet is shown on an adopted Master Plan or Official Map, the required front yard shall be increased by 1/2 of the difference between the width of the street and said greater width. The provisions of this subsection shall not apply if an established setback has been formed in accordance with § 105-14.
B.
Front, side and rear building locations shall be surveyed and certified by a licensed New Jersey land surveyor. The survey shall be performed at any time after the foundation is constructed and prior to the erection of the building above the foundation. A certified copy of the survey shall be presented to the Construction Official when the foundation of the building is complete.
[Amended 7-6-1987]
C.
On corner lots, the "front yard" shall be construed as the yard on which the main entrance of the dwelling faces, and the "rear yard" shall be the yard opposite the front yard. If a building is located diagonally on a lot facing two streets, the yard adjoining either street may be selected as the "front yard."
§ 105-29.1 Solar energy systems.
[Added 3-2-2023 by Ord. No. 2023.004]
B.
Solar energy systems. The following general requirements shall apply to all solar energy system installations.
(1)
Minor solar installations that were installed prior to the adoption of this section are grandfathered as installed. At such time that those installations require upgrades, modifications, or retrofits including solar collector replacement, those installations shall be brought into complete conformance with the requirements of this section.
(2)
Solar energy systems shall be ground-mounted, mounted to principal and/or accessory structures and buildings, or a combination thereof.
(3)
Solar energy system components mounted to the roof of a principal and/or accessory building and/or structure shall not be permitted to be located within four feet of the edge of any roof. Roof-mounted photovoltaic panels shall be mounted parallel to the roof of the supporting structure and shall not protrude above 12 inches from the roof.
(4)
All solar facilities shall meet the requirements of the current New Jersey Stormwater Management Regulations, N.J.A.C. 7:8.
(5)
Where the subject site is currently or was previously an active agriculture site, site disturbance, including but not limited to grading, soil removal, excavation, berm construction, soil compaction, and other site modifications, shall be submitted with the zoning or building permit application for approval. Site disturbance shall be minimized so that the subject site can return to active agricultural production after the useful life and removal of the solar energy system.
(6)
The solar energy system location shall not be installed on prime farmland.
(7)
Wooded sites may not be clear cut to construct solar energy systems.
(8)
Ground-mounted residential solar energy systems are permitted only as accessory uses to existing or proposed residences and shall be placed as far from public rights-of-way and viewsheds in the most visually remote areas as practical.
(9)
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 of Liberty under this article 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 of Liberty 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 article or any administrative decision lawfully made thereunder.
(10)
The use of lead-acid batteries shall not be permitted.
(11)
Other than during initial construction of the facility, solar panels shall not be stored in open areas or on the ground. All broken panels shall be removed from the site immediately upon replacement and disposed of in accordance with standard industry practice and any applicable law(s). Should storage of new replacement panels be required on site, such panels shall be stored within a permanent building or structure.
(12)
Solar energy systems fencing or vegetation for screening shall be maintained and kept in functional condition. Damage to fencing or vegetation shall be immediately repaired or replaced.
(13)
All electrical and control equipment shall be labeled and secured to prevent unauthorized access in accordance with the National Electric Code (NEC) and state solar regulations.
(14)
The "total area" or "gross area" of a ground-mounted solar system as referred to in this section shall include the ground area occupied by the photovoltaic panels, ground-mounted support equipment (inverters, utility transformers, etc.), and the required spacing between the photovoltaic panels for service and proper sun absorption of the photovoltaic panels.
(15)
The maximum permitted height of a ground-mounted solar installation, including all components, shall be eight feet.
(16)
Requirements of this section shall remain in effect regardless of ownership of the property or solar energy system. Should the operation of the solar energy system be leased, or otherwise managed by a third party, both the solar energy system owner, the property owner, and the management firm are responsible to maintain the solar energy system in accordance with this section.
C.
Minor solar energy system. The following requirements shall apply to minor solar installations.
(1)
Minor solar energy system installation with a gross area of 1,000 square feet or less, including the aggregate of all installations, shall require a zoning permit subject to compliance with all other provisions of this section.
(2)
Ground-mounted solar system installations shall meet the side and rear yard setback standards for accessory structures for the zone in which the solar energy system is located.
(3)
Ground-mounted solar system installations shall not be located between a building line and a public street (i.e., ground systems shall not be located in a front yard).
(4)
Ground-mounted solar system installations shall meet the following screening requirements:
(a)
A solid buffer/screen of plantings and/or a fence shall be provided along property line(s) and/or yard setback shared with a residential zone district and rights-of-way. The buffer may extend into the required setback.
(b)
The minimum height of the screening shall be the height of the solar facility or five feet, whichever is greater.
(c)
Existing vegetation shall be retained to the extent practical and may be incorporated or used as screening as approved by the Land Use Board.
D.
Major solar energy system. The following requirements shall apply to, and be bulk requirements for, major solar installations.
(1)
Major solar system installations up to a gross area of five acres shall require minor site plan approval prior to obtaining a zoning permit.
(2)
Major solar system installation of a gross area more than five acres shall require preliminary and final major site plan approval prior to obtaining a zoning permit.
(3)
The maximum size of a major solar installation shall be no larger than 10 acres in total gross area.
(4)
The minimum parcel size for a major solar installation shall be five contiguous acres.
(5)
No more than 50% of the lot shall be covered by the solar energy system and its components.
(6)
One or more of the following shall be grown beneath the solar panel structures: meadow grasses or agricultural crops for grazing farm animals. There shall be no continuous impervious cover under the solar panel structures.
(8)
Decommissioning plan and estimate. All applications shall be accompanied by a decommissioning plan. The decommissioning plan shall include the following:
(a)
Upon zoning approval and before being granted a permit for construction, the applicant shall submit a performance bond. The performance bond shall be based on a decommissioning and site restoration estimate prepared by the applicant, to be approved by the Township Engineer and the Township Attorney.
(b)
Site restoration shall return the site of the solar installation to preconstruction condition. All site grades and vegetation shall be restored to preconstruction conditions.
(c)
Decommissioning and demolition includes the deactivation, disconnection, demolition, and removal of all structures constructed to support the solar installation, including but not limited to wiring, cable, footings, foundations, and utility infrastructure, unless otherwise noted herein.
(d)
Restore the surface grade and soil after removal of aboveground structures and equipment, including but not limited to removal of all components of the solar energy system within the top 30 inches of the soil profile.
(e)
Soil replacement shall meet the requirements of the NRCS, USDA, and 7 CFR 657. Replace soil to bring site back to pre-solar-installation grades. Soil replacement within the top 12 inches of the soil profile shall be comprised of topsoil meeting the texture of loam as described in the USDA soil classification system, and the pH shall be in the range of 6.5 to 7. Tests shall be reviewed and approved by the Township.
(f)
All land shall be restored to original or better soil permeability where necessary to promote healthy plant growth prior to installation of topsoil and vegetation, subject to approval of the Township. Refer to the NRCS, USDA, and 7 CFR 657. Tests are to be reviewed and approved by the Township.
(g)
Restore soil areas with native grasses, agricultural crops or plant species suitable to the area and which do not include any invasive species.
(h)
Provide quantities, unit prices and overall cost estimates for decommissioning in current dollars as well as projections for 15 years and 20 years.
(i)
The approved zoning plan may require the restoration of agricultural crops or forest resource land.
(j)
The approved zoning plan may require the retention of access roads, fences, gates, buildings and buffer plantings at the discretion of the Township.
(k)
If the property owner fails to remove the facility and restore the property in accordance with the decommissioning plan, the Township may perform in place of the owner. All costs incurred by the Township in connection with same shall be a first-priority lien enforceable pursuant to municipal tax lien statutes.
(9)
All solar and photovoltaic facilities shall provide a Knox-Box®, or approved equal, to allow twenty-four-hour access to the facility for emergency service personnel.
(10)
Prior to a solar energy system being energized, the owner shall offer safety training for emergency service personnel. This shall include instruction and documentation on firefighting considerations, potential hazards from burning panels and any other special considerations associated with the facility.
E.
Buffer and screening requirements. The following minimum buffering and screening requirements shall be met for both minor and major solar installations. 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.
(1)
The proposal for a major solar installation shall comply with the landscaping screen requirements as established by Chapter 105 of the Township Code with the following additions:
(a)
Perimeter security fencing shall be required. Fencing shall have a minimum height of six feet. Such fencing shall be provided inside of, and screened by, any required landscaping screens.
(b)
Where the proposed solar energy system is located on lands higher in elevation than surrounding properties, berms shall be used in conjunction with landscape screening to offer a more effective visual buffer. Berms shall not be constructed at slopes greater than three horizontal to one vertical (3:1).
(c)
Landscaping screens shall have a minimum width of 35 feet except when abutting a residential use, or, where found to be necessary by the Board, a fifty-foot width shall be required.
(d)
Existing hedgerows or vegetated windbreaks that provide screening of the proposed facility from neighboring properties shall be retained and augmented unless otherwise directed by the approving Board.
(e)
A two-year maintenance guarantee for all plantings in a form acceptable to the Township Attorney, and in an amount acceptable to the Township Engineer and Planner, shall be posted with the Township.
(f)
In the event that the Township Zoning Officer determines that utilization of an outside expert (e.g., Board landscape architectural expert) is necessary to provide guidance relative to the plantings (including planting design, materials, maintenance, etc.), all costs and expenses of such outside experts shall be reimbursed to the Township by the applicant or operator of the facility.
(2)
All landscaping, as installed, shall conform to and be in accordance with the approved zoning permit. Prior to the issuance of a permanent certificate of occupancy, certificate of completion, or compliance (whichever is applicable) and prior to the release of any performance guarantee other than the decommissioning performance bond, the landscaping shall be installed.
(3)
All screening shall be effective as of the date of installation. If the applicant applies for a certificate of occupancy during a season not appropriate for planting, the applicant may obtain a temporary certificate of occupancy without installation of the approved landscaping. The applicant will be eligible to receive a final certificate of occupancy after the installation of the landscaping during the next planting season.
(4)
The applicant shall have a continuing obligation to maintain all landscaping for its intended purpose (i.e., for aesthetics or both), which shall include but not be limited to repairing and/or replanting to the satisfaction of the Township Planner 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.)
(5)
All screening shall be effective as of the date of installation. If the applicant applies for a certificate of occupancy during a season not appropriate for planting, the applicant may obtain a temporary certificate of occupancy without installation of the approved landscaping. The applicant must post a performance guarantee in a form acceptable to the Township Attorney and in an amount acceptable to the Township Engineer guaranteeing the installation of the landscaping during the next planting season and further guaranteeing the subsequent posting of a two-year maintenance bond.
(6)
Solar facilities on preserved or farm qualified properties:
(a)
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 energy system to five acres devoted to agriculture (approximately 17%) up to a maximum of 10 acres' coverage. This area shall be calculated including required roadways and buffers. In no case shall a solar energy system be rated to generate more than two megawatts of electricity.
(b)
Ground-mounted farm-scale facilities which are to be located as accessory uses on agriculturally assessed farms or preserved farms shall be placed as far from public rights-of-way and viewsheds in the most visually remote areas as practical.
(c)
All farm-scale solar energy 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.
(d)
The energy system location shall not be installed on prime agricultural soils.
F.
Additional site plan requirements.
(1)
In addition to those items required for an application to be deemed complete, a major and minor site plan application shall also provide the following:
(a)
Location of proposed and existing underground or overhead utility or transmission lines.
(b)
Location of any proposed or existing substation, inverter or transformer.
(c)
Description of any necessary upgrades or modifications to existing substations or the necessity for a new substation.
(d)
Description of how the energy generated by the solar energy system will be connected to the electrical distribution or transmission system or the electrical system of the intended energy user.
(2)
For major solar installation, the following shall be provided in addition to the above requirements:
(a)
Plans, details and specifications, as may be necessary, to adequately depict all improvements and upgrades associated with interconnection into the existing off-site electrical infrastructure.
(b)
Documentation detailing the available capacity of the existing electric infrastructure in the region and the amount of that capacity to be allocated for the proposed solar energy system.
(c)
An interconnection agreement with PJM and all other applicable regulatory agencies.
(d)
Location of existing hedgerows and vegetated windbreaks. Trees within this area that have a caliper of six inches diameter breast height (dbh) or greater shall also be identified by species and overall condition. These shall be retained or replaced on a three-for-one basis.
G.
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.
(3)
The owner shall have the right to respond to the notice of abandonment within 30 days from notice receipt date.
(4)
If the owner provides information that demonstrates the solar energy system has not been abandoned to the reasonable satisfaction of the Township, 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 and in accordance with the approved decommissioning plan.
(6)
In the event that the owner fails to remove the solar energy system, the Township and/or its employees and/or contractors have the right, but not the obligation, to call the performance bond to effectuate the decommissioning of the solar energy system and enter the property to remove the solar energy system. If, for whatever reason, the Township is required to expend its own monies to effectuate the decommissioning of the solar energy system, 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 attorney's fees.