Mine Hill Township City Zoning Code
ARTICLE XXX
Small Wind Energy Systems
§ 310-246 Purpose.
The primary purpose of a small wind energy system, as defined in § 310-4, will be to provide power for the principal use of the property whereon the 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. 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 of the property.
§ 310-247 Accessory use in certain districts.
Small wind energy systems shall only be permitted as an accessory use on the same lot as the principal use in the ED and O/I Districts. All energy systems require approval from the Zoning Officer and Construction Officer prior to installation. Applications for an energy system shall include information demonstrating compliance with the provisions of this article. In the event a Zoning Officer or Construction Officer does not believe the provisions of this article will be satisfied, an applicant may request a variance.
§ 310-248 Application approval.
All applications for small wind energy systems shall be presented to the Planning Board for site plan approval.
§ 310-249 Design criteria.
A.
Wind turbines shall be designed with an automatic brake or other similar device to prevent overspeeding and excessive pressure on the tower structure.
B.
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 towers for minimum height of eight feet above the ground.
E.
All moving parts of the small wind energy systems shall be a minimum 10 feet above ground level.
F.
The blades on the small wind energy systems shall be constructed of a corrosion-resistant material.
G.
All guide 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 Township Engineer. All fences shall include a locking security gate.
I.
The connection between the wind energy system in the building, electrical grid or street shall be underground.
§ 310-250 Wind turbines.
Wind turbines are permitted in the Economic Development District (ED) and the Office Industrial District (O/I) subject to the following requirements:
A.
Minimum lot size of 10 acres.
B.
Minimum setbacks. All wind turbines shall be set back from all setback lines a distance equal to 100% of the height of the structure, plus 10 feet, including the blades.
C.
Wind turbines shall not be permitted in any front yards, unless in the opinion of the Planning Board the front yard is the most suitable place, based upon topographic conditions.
D.
Maximum height. Freestanding wind turbines shall not exceed a high of 120 feet, plus blades, but in no event higher than 135 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 of monopole construction.
E.
No more than one wind turbine shall be permitted on any parcel of property.
F.
Wind turbines shall not be allowed as rooftop installations.
H.
The base of the tower(s) for the wind turbines shall be no larger than 13 feet by 13 feet in size.
§ 310-251 Noise.
All wind energy systems shall comply with the following:
A.
At the boundary between the zone in which the wind energy system is erected and each surrounding residential use or zone, sound levels of the wind energy system shall not exceed 55 dBA at the common property line as measured by the state standards.
B.
These sound levels may be exceeded during short-term events, such as utility outages and/or severe windstorms, for a maximum of four hours.
§ 310-252 Site location.
It is important to preserve the scenic beauty of the Township's ridgelines as commonly understood, with the understanding that the ridgeline may be an optimum site location. With that understanding, the Planning Board shall make the final selection as to the location of the wind turbine taking into consideration the ridgeline, scenic vistas, the size of the turbine proposed, location of the structures on the property, nearby residences and other pertinent factors.
§ 310-253 Abandoned systems.
A.
A small wind energy system that is out of service for a continuous twelve-month period will be deemed to have been abandoned.
B.
At any time after the expiration of the twelve-month period, the Zoning Officer may issue a notice of abandonment to the owner. The notice shall be sent by regular mail and certified mail, return receipt requested, to the owner of record at the address shown on the Township's records.
C.
Any abandoned system shall be removed at the owner's sole expense within six months after the owner receives the notice of abandonment from the municipality. If the system is not removed within six months of receipt of the notice from the Township notifying the owner of such abandonment, the Township may remove the system as set forth below.
D.
When an owner of a wind energy system has been notified to remove same and has not done so six months after receiving said notice, the Township may remove such system and place a lien upon the property for all of the costs incurred in its removal. If removed by the owner, a demolition permit shall be obtained and the facility shall be removed. Upon removal, the site shall be cleaned, restored and revegetated to blend with the existing surrounding vegetation at the time of abandonment.