Ocean Township Ocean County
City Zoning Code
City Zoning Code
ARTICLE VIIIA
Small Wind Energy Systems
§ 410-73.1 Short title.
This article shall be known as the "Small Wind Energy System Ordinance."
§ 410-73.2 Purpose.
The purpose of this article is to:
§ 410-73.3 Definitions.
In this article, the following terms shall have the meanings indicated:
The Township of Ocean Zoning Officer.
The Township of Ocean Planning Board.
The state-licensed Code Enforcement Official appointed by the Township of Ocean who is responsible for administering the New Jersey State Uniform Construction Code Act.[1]
A structure designed to support the gathering of wind energy resource data, and includes the tower, base plate, anchors, guy cables and hardware, anemometers (wind speed indicators), wind direction vanes, booms to hold equipment anemometers and vanes, data logger, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location.
The individual or entity that intends to own and operate the small wind energy system in accordance with this article. The individual or entity shall also have a proprietary interest in the land upon which the small wind energy system is proposed to be located.
The cross-sectional dimension of the circle swept by the rotating blades of a wind-powered energy generator.
A wind energy system, as defined in this section, that:
In relation to a wind energy system, the vertical distance measured from the average elevation of the finished grade to the tip of a wind generator blade when the tip is at its highest point.
A monopole, freestanding, or guyed structure that supports a wind generator.
A wind generator and all associated equipment, including any base, blade, foundation, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries and/or other component necessary to fully utilize the wind generator.
Equipment that converts energy from the wind into electricity. This term includes the rotor, blades and associated mechanical and electrical conversion components necessary to generate, store and/or transfer energy.
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
§ 410-73.4 Standards.
Small wind energy systems shall be an accessory use in all zoning districts subject to the following requirements:
A.
Small wind energy systems.
(1)
Setbacks. A wind tower for a small wind energy system shall be set back from all property lines a distance equal to 150% of the height of the structure including the rotor blade tips. No portion of the wind generator shall extend beyond the required setback line, nor into the following:
(a)
Any public or private right-of-way, easement or leasehold, unless written permission is granted by the government entity or private party with jurisdiction over said area;
(b)
Any overhead utility lines, or aerial easement for same, unless written permission is granted by the utility or entity that owns and/or controls the lines.
(2)
Wind turbines shall not be permitted in any front yard.
(4)
Wind turbines on residential properties shall have a nameplate capacity of 10 kilowatts or less.
(5)
No more than one wind turbine shall be permitted per residential property.
(6)
Wind turbines shall be designed with an automatic brake or other similar device to prevent over-speeding and excessive pressure on the tower structure.
(7)
Access.
(a)
All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.
(b)
The tower shall be designed and installed so as not to provide step bolts, a ladder, rungs or other publicly accessible means of climbing the tower, for a minimum height of eight feet above the ground elevation.
(8)
Electrical wires. All electrical wires associated with a small wind energy system shall be located underground when practicable. All wires not located underground, including but not limited to wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box and the grounding wires, shall be contained within an appropriate conduit suitable for same.
(9)
Lighting. A small wind energy system shall not be artificially light unless such lighting is required by the Federal Aviation Administration.
(10)
Appearance, color, and finish. The wind generator and the tower shall remain painted or finished in the color or finish that was originally applied by the manufacturer, unless a different color of finish is approved in the building permit.
(11)
Signage. There shall be no signs that are visible from any public road posted on a small wind generator system or any associated building, except for the manufacturers or installer's identification, appropriate warning signs, or owner identification.
(12)
Code compliance. A small wind energy system shall comply with all applicable construction and electrical codes, and the National Electrical Code.
(13)
Utility notification and interconnection. Small wind 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 as established by N.J.A.C. 14:4-9.
(14)
Met towers. A met tower shall be permitted under the same standards, permit requirements, restoration requirements and permit procedures as a small wind energy system.
(15)
Noise. The sound levels of the wind energy system shall not exceed 55 dBA at a common property line. These levels may be exceeded during short-term events such as utility outages and/or severe windstorms.
§ 410-73.5 Permit requirements.
A.
Permits. An owner shall be required to make application for and obtain minor site plan approval from the Ocean Township Planning Board prior to erecting any small wind energy system contemplated under this article. Said application shall be made in accordance with the procedures and requirements of land use ordinances in effect for the Township of Ocean and the Municipal Land Use Law, N.J.S.A. 40:55D-1. A building permit shall also be required for the installation of a small wind energy system.
B.
Documents. In addition to any requirements of the Ocean Township land use ordinances and application procedures, the zoning application shall be accompanied by a plot plan which includes the following:
(1)
Property lines and physical dimensions of the property;
(2)
Location, dimensions, and types of existing principal and accessory structures on the property;
(3)
Location of the proposed small wind energy system;
(4)
The right-of-way delineation of any public road that is contiguous with the property;
(5)
Any overhead utility lines;
(6)
Easements;
(7)
Small wind energy system specifications, including manufacturer and model, rotor diameter, tower height, tower type (freestanding or guyed); arrays, cells, etc.;
(8)
Detailed tower and foundation drawings, stamped and sealed by a New Jersey licensed professional engineer;
(9)
A map of the 200 foot area surrounding the subject property, showing all affected lands and structures;
C.
Fees. The fees for the small wind energy system minor site plan shall be in accordance with Chapter 209, Land Use Procedures, of the Code of the Township of Ocean.
D.
Expiration. Any minor site plan or other approval issued pursuant to this article shall expire if:
§ 410-73.6 Abandonment.
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.
The Administrator may issue a notice of abandonment to the owner of a small wind energy system that is deemed to have been abandoned. The notice shall be sent via regular mail and certified mail return receipt requested to the owner of record as it appears on building permit and, if different, the current tax duplicate of the Township.
C.
The owner shall have the right to respond to the notice of abandonment within 30 days from notice receipt date.
D.
If the owner provides information that satisfactorily demonstrates to the Administrator that the small wind or solar energy system has not been abandoned, the Administrator shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn.
E.
If the Administrator determines that the small wind energy system has been abandoned, the owner of the small wind energy system shall remove the energy system from the property to a place of safe and legal disposal at the owner's sole expense within six months after the owner receives the notice of abandonment.
F.
If the owner fails to remove the energy system in the time allowed under Subsection E above, the Administrator may pursue any legal remedies available to have the energy system removed at the owner's expense, including costs of litigation and reasonable attorney's fees.
G.
The former wind energy site shall be restored to its natural or prior condition within six months of the removal from the property.
§ 410-73.7 Permit procedure.
No building permit shall be issued for a small wind energy system without prior minor site plan approval from the Ocean Township Planning Board.
§ 410-73.8 Violations.
A.
It is unlawful for any person to construct, install, or operate a small wind energy system that is not in compliance with this article or with any condition contained in a building permit issued pursuant to this article.
§ 410-73.9 Administration and enforcement.
A.
This article shall be administered by the Administrator or other official as designated.
B.
The Administrator and/or Construction Official may enter any property for which a building permit has been issued under this article to conduct an inspection to determine whether the conditions stated in the permit have been met.
C.
The Administrator and/or Construction Official may direct the Township Code Enforcement Officer to issue orders to abate any violation of this article.
D.
The Administrator and/or Construction Official may direct the Township Code Enforcement Officer to issue a citation for any violation of this article.
E.
The Administrator may refer any violation of this article to the Township Attorney for enforcement.
§ 410-73.10 Violations and penalties.
A.
Any person, partnership, firm or corporation who fails to comply with any provision of this article or a building permit issued pursuant to this article shall be subject to enforcement and penalties and upon conviction be subject to a fine of up to $500 or up to 30 days imprisonment, or both.
B.
Nothing in this section shall be construed to prevent the Township of Ocean from using any other lawful means to enforce this article.