Solar energy systems are permitted as an accessory use on the same lot as the principal use in all zone districts, subject to the provisions herein. Solar energy systems shall not be permitted as a principal use in any zone. The main purpose of such systems shall be to generate energy to satisfy all or a portion of the energy requirements associated with the on-site dwelling(s) or business(es), rather than for sale back into the electrical grid system or for the power supply of any other property. This provision shall not be interpreted to prohibit the sale of excess power generated from time to time from a solar energy system that is designed to meet the energy needs of the principal use.

Solar panels shall be permitted as a rooftop installation in any zoning district. The solar panels shall not exceed a height of eight inches from at any location on the rooftop in a pitched roof installation. For any flat roof installation the roof top installation panels shall not exceed three feet in height from the rooftop in the I-1 and 1-2 Zones and two feet in all other zones. In no event shall the placement of the solar panels result in a total height, including building and panels greater than what is permitted for the principal building or accessory structure in the zoning district in which the property is located.

Solar panels shall be permitted as ground arrays only in the I-1 and 1-2 Zones in accordance with the following:

A solar energy system installed on a nonconforming structure or on a site containing a nonconforming structure or use shall be considered an expansion of the nonconforming structure or use.

In residential zones and in other zones where the use of the property is residential, all accessory equipment, including any ground-mounted mechanical equipment associated with and necessary for operation, including an enclosure for batteries and storage cells, but not including solar panels, shall be screened so as not be visible from the street. In all other zones, all such accessory equipment shall be enclosed with a six-foot high fence or evergreen plantings. A separate building for the accessory equipment is permitted as an accessory structure, which structure shall be subject to the zoning requirements related to accessory structures and may not exceed 140 square feet or more than eight feet in height.

The installation of a solar energy system is subject to local electric public utility requirements for interconnection to the electrical distribution system. All interconnections shall comply with the applicable regulations established by the agency having jurisdiction.

All new electrical transmission lines associated with the installation of a solar energy system shall be located underground, unless the local electric public utility requires they be installed on existing utility poles.

Solar energy systems installed on, within or above a stormwater management facility, parking lot, sign structure or any other type of freestanding structure not specifically considered a roof by the Construction Official shall be considered a ground-mounted system.

The design of solar energy systems shall, to the maximum extent practicable, use materials, colors, textures, shades, screening and landscaping that will blend into the natural setting and existing environment.

Solar energy systems shall not be used for displaying any advertising. Reasonable identification of the manufacturer and/or operator of the system is permitted using text that does not exceed a height of two inches. Hazard and/or warning signs pertinent to the electrical nature of the equipment shall also be permitted.

An external disconnect switch, which is clearly identified, unobstructed and accessible, shall be provided in accordance with NEC requirements and any other local or state law, regulation code or ordinance that may be applicable.

Signage identifying the use of solar panels shall be posted at a location approved by the Fire Prevention Official and as may be required by other local or state law, regulation, code or ordinance. The signage shall clearly state the name, address and telephone number of the vendor authorized to deactivate the solar energy system in the case of an emergency and NEC requirements and shall also include any other information that is required by any local or state law, regulation, code or ordinance. The signage shall be a size and design approved by the Fire Prevention Official.

In addition to the required signage, owners or property owners shall provide the Borough Fire Official with a map illustrating the location of the disconnect switch, as well as any information regarding the vendor authorized to deactivate the solar panel.

Marking is required on all interior and exterior direct conduit, raceway, enclosures, cable assemblies and junction boxes to alert the fire service to avoid cutting them.

The installation of a solar energy system is subject to all the requirements of all electrical companies providing electric services within the Borough of Midland Park

Solar energy systems that connect to the electric utility shall comply with the New Jersey's Net Metering and Interconnection Standards for Class I Renewable Energy Systems at N.J.A.C. 14:4-9.m, Standards for and regulations of solar energy systems.

The structural design shall be signed and sealed by a professional engineer, licensed in the State of New Jersey, certifying that the structural design complies with all of the standards set forth for safety and stability in all applicable codes then in effect in the State of New Jersey and all sections referred to hereinabove.

The design of the solar energy system shall conform to all applicable industry standards including the New Jersey Uniform Construction Code, the National Electric Code and the Borough of Midland Park Building Code and Zoning Regulations. The applicant shall submit certificates of design compliance obtained by the equipment manufacturer from a certified organization and any such design shall be certified by an engineer licensed in the State of New Jersey. The manufacturer specifications shall be submitted as part of the application. Such design shall include sufficient information to establish that the system is designed solely for the energy needs and consumption of the residential or commercial building.

All solar panels installed on a pitched roof shall be installed at least three feet from the roof edges, and three feet from the ridge of the roof. There shall also be a three-foot access to all mechanical units and skylights.

Subject to the other provisions of Subsection 34-13.10e, commercial rooftop arrays shall be installed in sections no greater than 75 feet by 75 feet in distance in either axis with a four-foot pathway between sections. There shall be a minimum four-foot pathway on center access of building in both directions. A four-foot access to skylights, roof hatches, and fire standpipes shall be provided to the perimeter wall.

No solar panel or other part of the solar energy system shall be installed in front of or otherwise interfere with an egress window (as defined in the International Building Code, New Jersey Edition and the International Residential Code).

A solar energy system that is out of service for a continuous twelve-month period will be deemed to have been abandoned.

The Construction Official may issue a notice of abandonment to the solar system owner and to the property owner for a solar energy system that is deemed to have been abandoned. The notice shall be sent return receipt requested.

The solar system owner and/or the property owner shall have the right to respond to the notice of abandonment within 30 days from notice receipt date.

If the solar system owner or the property owner provides information that demonstrated the solar energy system has not been abandoned, the Construction Official shall withdraw the notice of abandonment and notify the solar system owner and the property owner that the notice has been withdrawn.

If the Construction Official or the Borough Administrator determines that the solar energy system has been abandoned, the solar system owner or the property owner shall remove the facility in its entirety at the solar system owner's and/or property owner's sole expense within six months after the receipt of the notice of abandonment.

When a solar system owner has been notified to remove the solar system and has not done so within six months after receiving said notice, then the Construction Official may remove such system and place a lien upon the property for the cost of the removal. If removed by the solar system owner, a demolition permit shall be obtained and the facility shall be removed. Upon removal, the site shall be cleaned, restored and vegetated to blend with the existing surrounding vegetation at the time of abandonment.

The Construction Official is authorized to issue a building permit for the installation of any roof-mounted solar energy system in any zone if such solar energy system conforms to all of the requirements herein. Notwithstanding, in the event that the installation includes any ground array, structure or any equipment that is not located within the existing building structure or if the installation does not meet all of the requirements of this chapter, the applicant must submit an application for development to the Planning Board for site plan approval. Any deviation from the requirements of this section shall require a variance. The applicant shall comply with all of the requirements of the New Jersey Municipal Land Use Law and the Ordinances of the Borough of Midland Park with respect to a hearing before the Planning Board or Board of Adjustment on said application, and shall comply with the remaining requirements of this section. Any application for site plan approval shall include all of the items and information required by the site plan ordinance. In addition, the applicant shall include design drawings of the solar energy system including the information required by Subsections 34-13.10d and e.

The Planning Board shall make a determination of completeness upon recommendation of the Planning Board Engineer in accordance with the New Jersey Municipal Land Use Law and shall schedule a public hearing as required by the provisions of the New Jersey Municipal Land Use law with respect to publication of notice and notice to property owners within 200 feet of the site.

If the application is approved, the Planning Board or Board of Adjustment shall adopt a resolution of approval and forward the same to the Construction Official for the issuance of a permit by the Construction Official. In the event that the Planning Board or Board of Adjustment denies the application for the construction and erection of solar panels, the same will be done by written resolution in accordance with the requirements of the New Jersey Municipal Land Use law.

Expiration. A permit issued pursuant to this section shall expire if:

All applications, whether or not an application for development is required, shall be submitted to the Building Department and Fire Sub-Code Official for review and comment.

This section shall be enforced by the Construction Official or other official as designated by the Mayor and Council.

The Construction Official/Electrical Inspector may enter any property for which a permit has been issued under this section to conduct an inspection to determine whether the conditions stated in the permit have been met.

The Construction Official may issue orders to abate any violation of this section.

The Construction Official may issue a citation to the owner and the owner of the property on which the violation exists for any violation of this section.

Any person who fails to comply with any provisions of this chapter shall be subject to a fine by the Municipal Court of the Borough of Midland Park in accordance with the General Penalty Ordinance of the Borough of Midland Park.[2]

Nothing in this section shall be construed to prevent the Borough of Midland Park from using any other lawful means to enforce this section.