Montgomery City Zoning Code

On residential buildings, solar panels and all accessory equipment for the solar energy system shall not exceed a height of 12 inches beyond the edge of the roofline or above the highest point of the roof structure or surface upon which the panels and equipment are located.

On all other buildings, solar panels and all accessory equipment for the solar energy system shall not exceed a height of 12 inches above the highest point of the roof surface upon which they are located, but in no event shall the placement of the solar panels or any related accessory equipment result in a total height, inclusive of the subject building, exceeding that height which is otherwise permitted in the applicable zoning district.

Any ground-mounted accessory equipment associated with the rooftop or building mounted solar collectors shall be no higher than 10 feet in height, shall be located within side or rear yard areas only and within 10 feet of the structure upon which the panels are located and shall conform to the accessory building setbacks and the coverage requirements of the applicable zoning district.

See Subsection 16-6.10g herein below for additional general requirements.

For farms, see Subsection 16-6.10d herein below for additional provisions, requirements, limitations and standards.

For all residential and nonresidential buildings, a zoning permit for a compliant rooftop- or building-mounted solar energy system on a property is required from the Township Zoning Officer in accordance with Subsection 16-13.16 of this chapter regarding designated local historic sites and/or properties within designated local historic districts, Subsection 16-10.3d of this chapter, and all information required by the Zoning Officer to determine compliance with the provisions of this ordinance shall be provided for the permit.

In the instance where a proposed rooftop- or building-mounted solar energy system on a residential or nonresidential property is not compliant with the provisions of this subsection, a variance is required pursuant to N.J.S.A. 40:55D-70c of the Municipal Land Use Law in addition to minor site plan approval in accordance with Subsection 16-8.3 of this chapter and Subsection 16-6.10h5 herein.

Ground-mounted arrays and freestanding solar collectors may be located only on properties at least one acre or greater in area where the applicant proves to the satisfaction of the Board or the Zoning Officer, as the case may be, that rooftop- or building-mounted solar collectors are not feasible on the subject site.

The total surface area of all ground-mounted or freestanding solar collectors shall be as follows:

The solar collectors and accessory equipment shall not be permitted within any front yard areas, except that for reverse frontage lots, the solar collectors and accessory equipment may be located in the front yard area to the rear of the dwelling, provided that the collectors and equipment are set back at least 75 feet from the street line behind the dwelling or the minimum required front yard setback if that distance is greater than 75 feet.

The location of any ground-mounted or freestanding solar collectors or other structures or equipment associated with a solar energy system shall be as follows:

The height of the solar collectors and any mounts shall not exceed 12 feet when oriented at maximum tilt.

See Subsection 16-6.10g herein below for additional general requirements.

For farms, see Subsection 16-6.10d herein below for additional provisions, requirements, limitations and standards.

For any accessory ground-mounted or freestanding solar energy system on a residential lot that complies with Subsection 16-6.10c2(b)(1) herein, and for any accessory ground-mounted or freestanding solar energy system on a nonresidential lot that complies with Subsection 16-6.10c2(b)(2) herein and has a total aggregate surface area less than 2,500 square feet, a zoning permit is required from the Township Zoning Officer in accordance with Subsection 16-103d of this chapter, Section 16-13.16 of this chapter regarding designated local historic sites and/or properties within designated local historic districts, and any other information required by the Zoning Officer to determine compliance with the provisions of this chapter shall be provided for the permit.

A minimum lot size of six acres shall be required to install a small wind energy system, and no more than one small wind energy system shall be permitted on a lot.

Small wind energy systems shall not be located within any front yard areas.

Towers shall be set back a distance equal to 1.5 times the height of the tower from all property lines, public roads, dwellings, and overhead power lines. The distance shall be measured from the center of the tower.

The maximum total height of any small wind energy system shall not exceed 120 feet; the total height shall include the vertical distance from the ground to the tip of a wind generator blade when the tip is at its highest point.

A meteorological tower shall be permitted under the same standards and requirements as a small wind energy system.

See Subsection 16-6.10g herein below for additional general requirements.

For farms, see Subsection 16-6.10d herein below for additional provisions, requirements, limitations and standards.

All small wind energy systems as an accessory use/structure shall require minor site plan approval in accordance with Subsection 16-8.3 of this chapter and Subsection 16-6.10h5 herein.

Notwithstanding any law, rule or regulation to the contrary, a person who owns preserved farmland may construct, install, and operate biomass, solar, or wind energy generation systems, structures, and equipment on the farm as an accessory use/structure, whether on the preserved portion of the farm or on any portion excluded from preservation, for the purpose of generating power or heat, and may make improvements to any agricultural, horticultural, residential, or other building or structure on the land for that purpose, provided that the biomass, solar, or wind energy generation facilities, structures, and equipment:

The person who owns the farm and the energy generation facilities, structures, and equipment may only sell energy through net metering or as otherwise permitted under an agreement allowed pursuant to Subsection 16-6.10d1(a)(2) above.

For the purposes of this paragraph d1, the following definitions apply:

Required State Approvals.

See Subsection 16-6.10d3 herein below for additional provisions and requirements.

Notwithstanding the provisions of any municipal or County ordinance, resolution, or regulation to the contrary, the owner or operator of a commercial farm, located in an area in which, as of December 31, 1997 or thereafter, agriculture is a permitted use under the Township Land Development Ordinance and is consistent with the Township Master Plan, or which commercial farm is in operation as of July 2, 1998, and the operation of which conforms to agricultural management practices recommended by the State Agriculture Development Committee and adopted pursuant to the provisions of the Administrative Procedure Act, P.L. 1968, c.410 (C.52:14B-1 et seq.), or whose specific operation or practice has been determined by the Somerset County Agricultural Development Board to constitute a generally accepted agricultural operation or practice, and all relevant Federal or State statutes or rules and regulations adopted pursuant thereto, and which does not pose a direct threat to public health and safety may engage in the generation of power or heat from biomass, solar, or wind energy as accessory uses/structures to the farm use, provided that the energy generation is consistent with P.L.2009, c.213 (C.4:1C-32.4 et al.), as applicable, and the rules and regulations adopted therefor and pursuant to section 3 of P.L.2009, c.213 (C.4:1C-9.2).

A landowner shall seek and obtain the approval of the State Department of Agriculture before constructing, installing, or operating biomass energy generation facilities, structures, and equipment on any land that is valued, assessed and taxed pursuant to the Farmland Assessment Act of 1964, P.L. 1964, c.48 (C.54:4-23.1 et seq.), in addition to any other approvals that may be required by law.

The installation of any biomass, solar, or wind energy generation facility on a commercial farm shall abide by the rules, standards and regulations, including N.J.A.C. 2:76-2A.12, that are, or may be, established by the State Agriculture Development Committee (SADC) as well as those set forth in this subsection, provided that the latter are not in conflict with any rules, standards and regulations established by the SADC or State Department of Agriculture.

See Subsection 16-6.10d3 herein below for additional provisions and requirements.

The minimum distance between any portion of a solar or photovoltaic energy facility and a street line shall be 75 feet and the minimum distance from any other property line shall be 50 feet, unless a greater setback is required by the SADC or any other outside agency.

Wind towers shall be set back a distance equal to 1.5 times the height of the tower from all property lines, public roads, dwellings, and overhead power lines. The distance shall be measured from the center of the tower.

The maximum total height of any small wind energy system shall not exceed 120 feet; the total height shall include the vertical distance from the ground to the tip of a wind generator blade when the tip is at its highest point.

No portion of any wind, solar or photovoltaic energy system shall be constructed or installed on prime agricultural soils as defined by the USDA Natural Resources Conservation Service and/or identified in an Agricultural Development Area, unless the applicant can show that there is no other option for the location of such accessory structures on the farm.

The construction and installation of any energy system shall be designed to minimize any adverse impacts on the productivity of the soil and the farm operation.

See Subsection 16-6.10g herein below for additional general requirements.

Where site plan approval is required for any energy management system on a farm, a plan that prescribes the conservation and natural resource management measures for the conservation, protection and development of natural resources, the maintenance and enhancement of agricultural or horticultural productivity, and the control and prevention of non-point pollution shall be required as part of the site plan application.

Any trees and/or shrubs to be removed or topped to accommodate the installation of a wind, solar or photovoltaic energy system shall be accompanied by a site plan identifying the location, size and species of trees to be removed or topped and demonstrating the need to remove or top the trees.

An applicant shall locate a wind, solar or photovoltaic energy system so that tree removal is not required to the extent practical; where trees are to be removed, the Zoning Officer, Planning Board or Zoning Board, as the case may be, may require the replacement of trees on the subject property at a one-to-one ratio.

The installation of any wind, solar or photovoltaic energy system shall respect the landscaping and trees within any conservation easement or deed restricted area or within any required buffer area so that there is no damage or harm to the plant materials within these areas.

In any case, any tree clearing shall not exceed an area more than 50% of the subject property's size or 40,000 square feet, whichever area is less.

All power lines from a wind, solar or photovoltaic energy system to on-site interconnection equipment shall be located underground and installed by a certified professional and must meet all applicable national, State, and local electrical codes.

The installation of any energy system shall conform to the National Electric Code as adopted by the NJ Department of Community Affairs and the State Uniform Construction Code.

Wind, solar or photovoltaic energy systems that connect to the electric utility grid shall comply with the New Jersey Net Metering and Interconnection Standards for Class I Renewable Energy Systems at N.J.A.C. 14:4-9 and as required by the electric utility servicing the property.

The overall purpose of the landscaped screening is to obscure or substantially buffer the view of the solar energy system year-round.

The landscaped screening shall be comprised of a minimum of one evergreen tree, at least six feet high at time of planting, plus two supplemental shrubs at the discretion of the Township Landscape Architect, all planted within each 10 linear feet of the area to be screened. A list of suitable evergreen tree and shrub species is on file in the office of the Township Zoning Officer.

Existing vegetation may be used to satisfy all or a portion of the required landscaped screening.

Any fencing shall be at least four feet but no greater than six feet in height, provided that any fencing higher than four feet shall be located in the rear yard and shall be set back at least 15 feet from any property line.

The solar collectors shall be located so that any glare is directed away from any adjoining property or street.

Solar panels shall not be included in any calculation of impervious surface or impervious cover in accordance with N.J.S.A. 40:55D-38.1.

Solar energy systems shall be designed to sustain wind loads up to 110 miles per hour (mph) and snow loads of 50 pounds per square foot (psf).

Ground areas beneath solar panels shall not be covered with stone but shall be planted with a seed mixture of native, non-invasive shade tolerant grasses in order to prevent soil erosion and the spread of weeds or other invasive species and to promote biodiversity and a natural habitat; the ground area shall be mowed on a regular basis as may be needed.

In order to ensure that there will be minimal disturbance and impact to the land and to promote easy removal and rehabilitation of the site, the preferable method of installation of the solar collectors or panels is by removable earth screws, auger driven piers or a similar system that does not require concrete footings or other relatively permanent foundations. The installation shall respect the natural contours and no grading shall be permitted for the system itself.

Wind energy systems shall be placed in such a manner as to minimize visual impacts to adjacent residential zoning districts and/or existing residential uses.

Access restrictions to the wind energy system shall be designed as follows:

A wind energy system shall not be artificially lighted unless such lighting is required by the Federal Aviation. Administration or other applicable authority.

The blades on the wind energy system shall be constructed of a corrosive-resistant material, and the tower shall not be constructed of aluminum.

A wind energy system shall remain painted or finished in a grey or white color that was originally applied by the manufacturer unless the approving authority determines that their visual impact on the surrounding landscape will be minimized by another color or finish.

The level of noise produced by a small wind energy system shall not exceed 55 dBa beyond the ambient noise levels prior to construction as measured at the property boundaries of the property on which the small wind energy system is to be located.

No wind energy system shall be roof-mounted, except that a VAWT system may be installed upon any portion of a roof, provided that the total height of the system shall not extend beyond 10 feet above the roof line and provided further that the said VAWT system shall be set back no less than 50 feet from any property line.

All wind energy systems, except for a VAWT system permitted to be constructed on a roof, shall be mounted on a monopole, shall not utilize a truss frame construction, and shall not require a wired guyed system.

All wind energy systems shall be designed with an automatic braking system and an over-speed control to prevent over-speeding and excessive pressure on the tower structure during periods of excessively high winds.

There shall be a minimum ground clearance of at least 15 feet between the finished grade and bottom of any rotor, blade or moving part of a small wind energy system.

For all residential and nonresidential buildings, a zoning permit for a compliant rooftop- or building-mounted solar energy system on a property is required from the Township Zoning Officer in accordance with Subsection 16-13.16 of this chapter regarding designated local historic sites and/or properties within designated local historic districts, Subsection 16-10.3d of this chapter, and all information required by the Zoning Officer to determine compliance with the provisions of this subsection shall be provided for the permit.

In the instance where a proposed rooftop- or building-mounted solar energy system on a residential or nonresidential property is not compliant with the provisions of this subsection, a variance is required pursuant to N.J.S.A. 40:55D-70c of the Municipal Land Use Law in addition to minor site plan approval in accordance with Subsection 16-8.3 of this chapter and Subsection 16-6.10h4 herein.

For any accessory ground-mounted or freestanding solar energy system on a residential lot that complies with Subsection 16-6.10c2(b)(1) herein, and for any accessory ground-mounted or freestanding solar energy system on a nonresidential lot that complies with Subsection 16-6.10c2(b)(2) herein and has a total aggregate surface area less than 2,500 square feet, a zoning permit is required from the Township Zoning Officer in accordance with Subsection 16-10.3d of this chapter, Subsection 16-13.16 of this chapter regarding designated local historic sites and/or properties within designated local historic districts, and any other information required by the Zoning Officer to determine compliance with the provisions of this subsection shall be provided for the permit.

All accessory ground-mounted or freestanding solar energy systems on a residential lot not in compliance with Subsection 16-6.10c2(b)(1) herein, and all accessory ground-mounted or freestanding solar energy systems on a nonresidential lot not in compliance with Subsection 16-6.10c2(b)(2) herein and/or with a total aggregate surface area of 2,500 square feet or greater, shall require minor site plan approval in accordance with Subsection 16-8.3 of this chapter and Subsection 16-6.10h5 herein with any required variance relief in accordance with N.J.S.A. 40:55D-70c of the Municipal Land Use Law.

Property lines and physical dimensions of the property, as shown on a current survey;

Location, dimension, and types of existing structures and easements on the property;

Location, dimensions and type of the proposed wind, solar or photovoltaic energy system, including manufacturer's specifications and operation requirements, the model of all components, panel height and width, ground elevation and height of the system, and setbacks from property lines and buildings;

Orientation of the wind, solar or photovoltaic energy system;

The right-of-way line of any public or private road contiguous with the property;

The location of any above ground or overhead utility lines;

Existing and proposed landscaping and fencing for ground-mounted systems, including photographs of the area proposed for the energy system;

If applicable, a statement that the proposed energy system is either within an historic site or district or within 200 feet thereof;

For wind energy systems, verification from a qualified design professional that the proposed location and proposed tower elevation has sufficient wind speeds for operation of the wind energy system;

For wind energy systems, tower and tower foundation drawings prepared and sealed by a licensed engineer in the State of New Jersey; and

For wind energy systems, noise levels of the proposed wind energy system at all property lines.

For any major site plan, a visual sight distance analysis must be submitted, including photos of the subject property that graphically simulates the appearance of any proposed energy system from at least five locations around and within one mile of the proposed tower(s) or solar arrays.