Plumsted City Zoning Code

§ 15-5.21

Solar Energy Systems.

[Ord. No. 2013-03; Ord. No. 2013-15]

Accessory Solar Energy Systems.

Purpose. The primary purpose of an accessory solar system, whether arranged as a single solar panel or a solar panel array, shall be to provide energy for the principal use and other permitted accessory uses on the property where the accessory solar system is located and shall not be for the generation of power to be sold for commercial purposes. This provision shall not be interpreted to prohibit the disposition of excess power generated from an accessory solar energy system back to a public electric utility provider by which the principal use is served.

Roof-Mounted Solar Energy Systems.

Roof-mounted solar energy systems are permitted accessory uses in all zones.

Installation of a roof-mounted solar energy system on an existing structure in compliance with the provisions set forth herein shall require a zoning permit. If, in the opinion of the Zoning Officer, the installation of the solar energy system does not satisfy the provisions of this subsection, the applicant shall be directed to file a site plan or variance application with the Land Use Board.

A roof-mounted solar energy system constructed on a flat roof shall not be more than six feet higher than the height of the finished roof.

In no instance on roof-mounted installation on a sloped roof shall any part of the system extend more than 12 inches above the roof.

Ground-mounted solar energy systems.

Ground-mounted solar energy systems equal to 40% of the principal structure roof area or less of total solar panel surface shall be a permitted accessory use in all zones, shall require a zoning permit and are subject to the following standards:

Systems shall not be counted in the calculation of maximum impervious coverage as regulated within the Land Development Ordinance.

Systems shall conform to the setback requirements for accessory structures in side and rear yards and shall not be located in front yards.

Systems shall not exceed ten feet in height.

Ground-mounted solar energy systems containing greater than 40% of the principal structure roof area in residential zones shall require site plan approval from the Land Use Board.

No more than 1,500 SF of vegetation may be cleared for a ground-mounted solar energy system without compensatory planting in accordance with Subsection b7, below.

A ground-mounted solar energy system located within the Pinelands shall require a Certificate of Filing from the Pinelands Commission if not located on an existing impervious surface as required by the Pinelands CMP.

Ground-mounted solar energy systems containing greater than 40% of the principal structure roof area require minor site plan approval, prior to obtaining a zoning permit and are subject to the following standards:

Systems shall not be counted in the calculation of maximum impervious coverage as regulated within the Land Development Ordinance. Nevertheless, design of the system shall comply with all stormwater, grading, and soil disturbance regulations of the Land Development Ordinance;

Systems shall not be constructed in uninterrupted structures, but shall be arranged so that no single contiguous panel area exceeds 40% of the principal structure roof area.

Systems shall conform to the setback requirements for accessory structures in side and rear yards and shall not be located in front yards.

Systems shall not exceed ten feet in height unless erected above a parking lot, in which instance the system shall not exceed 18 feet in height.

Systems shall be screened from public rights-of-way and adjacent properties via fencing or landscaping.

Principal Solar Systems.

A solar array on land as the primary use of the land which consists of one or more cell(s) designed to collect and convert solar power into another form of energy that will be used for the generation of power for the sale of energy to other users not on-site.

Principal solar systems are not permitted in a residential zone.

A principal solar system shall be permitted in all nonresidential zones subject to specific criteria set forth below:

Shall be subject to site plan approval in accordance with the Land Development Ordinance.

When located in the New Jersey Pinelands shall be subject to all requirements of the Pinelands Comprehensive Management Plan.

Submit a stormwater management plan that demonstrates stormwater will infiltrate into the ground post-development at a rate equal to pre-development.

No more than 50% of the developable area of a site shall be utilized for a solar energy system on properties that meet the definition of an agricultural use.

All on-site utility and transmission lines shall be installed underground.

A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations or fence.

The applicant shall submit a plan for the removal of the principal solar energy system including all solar panels, inverters, transmission lines, electrical wires, storage houses, utility buildings and other items related to the collection and generation of solar energy when it becomes functionally obsolete.

At a minimum, a 25 foot wide access road must be provided to the site.

At a minimum, a 12 foot wide cartway shall be provided between solar panel racking systems to allow for maintenance vehicles and emergency management vehicles.

Setback Requirements: The purpose of setback standards is to preserve the rural viewsheds along county and state roads in accordance with Township, county and state master plans, protect existing residential developments from abutting large scale utility operations and to mitigate adverse noise impacts generated from large solar energy systems.

All setback requirements for all solar systems shall conform to the "principal use" setbacks of the zoning district.

Height. Ground-mounted panels shall not exceed 10 feet in height. Height shall be measured from the mean finish grade to the top of the solar panel.

Fences. All mechanical equipment for the solar energy system including any solar panels, invertors, buildings, structures for batteries or storage cells, shall be completely enclosed by a minimum 12 foot high fence. Fences are not permitted in the front, side or rear yard setbacks.

General Buffer and Screen Composition.

Purpose and Applicability

Buffers and screens shall be included with all site plan applications.

The primary purpose of screening buffers is to preserve the rural viewsheds along roads in accordance with Township, county and state master plans, protect existing residential developments from abutting large scale utility operations and to mitigate adverse noise impacts generated from large solar energy systems, and protect the rural character of Plumsted Township and adjacent properties.

A 50 foot screening buffer is required from all property lines.

Screening buffers shall consist of non-invasive shrubbery, trees, and plants which provide an opaque screen. Native Pinelands vegetation shall be used in Pinelands areas.

Screening buffers may be comprised of existing vegetation, natural features, proposed new or transplanted vegetation, existing or proposed fences or walls, and/or berms. When berms are included in a buffer screen, then a curvilinear or naturalistic arrangement is required.

No structure, activity, storage of materials, or parking of vehicles shall be permitted within a buffer area.

Screening buffers shall be designed, planted, graded, and developed with the general guideline that buffer must obscure the solar energy system and mitigate noises generated at the site.

Screening buffers shall contain two shade trees, two evergreen trees, and 20 shrubs per 50 linear feet.

A tree survey shall be performed and submitted as part of the site plan to locate any trees with a caliper of four inches or greater. For each tree of four inches or greater caliper removed for the project, two trees shall be planted in compensation.

No more than 80% of the site shall be cleared in non-Pinelands areas. In Pinelands areas, the project shall comply with Pinelands standards.

Roadways within the site shall not be constructed of impervious materials and shall be designed to minimize the extent of roadways constructed and associated soil compaction. Existing roadways need not be modified unless required for emergency vehicle access.

Development Standards for All Solar Energy Systems.

Solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties, businesses, residences, or roadways. The applicant shall submit a certification from an engineer or manufacturer that the design will not cause a reflection or noise nuisance to adjacent property owners or flow of traffic on nearby roadways.

If a ground-mounted solar energy system is taken out of service, it shall be removed and the area graded and reseeded within six months.

All electrical and power lines shall be located underground.

No part of a solar energy system shall be located in a front, side or rear yard setback.

No portion of the solar energy system shall contain or be used to display advertising.

Before construction commences on any solar energy system, the property owner must acknowledge that he/she is the responsible party for owning and maintaining the solar energy system.

Ground-mounted solar energy facilities or structures covering an area greater than 400 square feet face shall provide one or more of the following beneath the structures: meadow grasses or agricultural area for crops or grazing farm animals. They shall not be allowed to store any material under the panels regardless of size. However, to the extent that ground-mounted solar energy facilities or structures are installed over an existing impervious surface, such as concrete or asphalt, the provisions of this subsection shall not apply to such solar energy system.

Applicants are encouraged to enter into solar easements with neighboring property owners in order to ensure continued access to sunlight for solar energy systems.

All solar energy facilities or structures, including but not limited to associated electrical control equipment, wiring, and similar equipment shall be labeled and secured to prevent unauthorized access or tampering.

Abandonment.

Solar energy facilities or structures that are out of service for a continuous 12 month period will be deemed to have been abandoned.

The Land Use Board may require as a condition of final site plan approval that a deed restriction be filed to mandate/fund the removal of the solar energy facilities or structures if operations have been discontinued for 12 months.

Upon abandonment, the zoning officer or designee may issue a notice of abandonment to the owner. The notice shall be sent via regular and certified mail, return receipt requested, to the owner of record.

The land owner shall have 30 days to respond with documentation to demonstrate that the solar energy facilities or structures have not been abandoned. If such documentation is provided and is deemed acceptable to the zoning officer, then he or she may withdraw the notice.

Abandoned solar energy facilities or structures shall be removed at the owner's sole expense within six months after the owner receives the notice of abandonment from the municipality. If removed by the owner, a demolition permit shall be obtained and the solar energy facilities or structures and/or any related materials shall be removed from the site and properly disposed. Upon removal, the site shall be cleaned, restored and revegetated to its prior condition.

If solar energy facilities or structures are not removed by the owner within six months of receipt of notice from the Township that the solar energy facilities or structures have been deemed abandoned and removal is required, the Township may unilaterally remove the solar energy facilities or structures and place a lien upon the property for the cost of removal.

Plumsted City Zoning Code

§ 15-5.21

Solar Energy Systems.

[Ord. No. 2013-03; Ord. No. 2013-15]

Accessory Solar Energy Systems.

Purpose. The primary purpose of an accessory solar system, whether arranged as a single solar panel or a solar panel array, shall be to provide energy for the principal use and other permitted accessory uses on the property where the accessory solar system is located and shall not be for the generation of power to be sold for commercial purposes. This provision shall not be interpreted to prohibit the disposition of excess power generated from an accessory solar energy system back to a public electric utility provider by which the principal use is served.

Roof-Mounted Solar Energy Systems.

Roof-mounted solar energy systems are permitted accessory uses in all zones.

Installation of a roof-mounted solar energy system on an existing structure in compliance with the provisions set forth herein shall require a zoning permit. If, in the opinion of the Zoning Officer, the installation of the solar energy system does not satisfy the provisions of this subsection, the applicant shall be directed to file a site plan or variance application with the Land Use Board.

A roof-mounted solar energy system constructed on a flat roof shall not be more than six feet higher than the height of the finished roof.

In no instance on roof-mounted installation on a sloped roof shall any part of the system extend more than 12 inches above the roof.

Ground-mounted solar energy systems.

Ground-mounted solar energy systems equal to 40% of the principal structure roof area or less of total solar panel surface shall be a permitted accessory use in all zones, shall require a zoning permit and are subject to the following standards:

Systems shall not be counted in the calculation of maximum impervious coverage as regulated within the Land Development Ordinance.

Systems shall conform to the setback requirements for accessory structures in side and rear yards and shall not be located in front yards.

Systems shall not exceed ten feet in height.

Ground-mounted solar energy systems containing greater than 40% of the principal structure roof area in residential zones shall require site plan approval from the Land Use Board.

No more than 1,500 SF of vegetation may be cleared for a ground-mounted solar energy system without compensatory planting in accordance with Subsection b7, below.

A ground-mounted solar energy system located within the Pinelands shall require a Certificate of Filing from the Pinelands Commission if not located on an existing impervious surface as required by the Pinelands CMP.

Ground-mounted solar energy systems containing greater than 40% of the principal structure roof area require minor site plan approval, prior to obtaining a zoning permit and are subject to the following standards:

Systems shall not be counted in the calculation of maximum impervious coverage as regulated within the Land Development Ordinance. Nevertheless, design of the system shall comply with all stormwater, grading, and soil disturbance regulations of the Land Development Ordinance;

Systems shall not be constructed in uninterrupted structures, but shall be arranged so that no single contiguous panel area exceeds 40% of the principal structure roof area.

Systems shall conform to the setback requirements for accessory structures in side and rear yards and shall not be located in front yards.

Systems shall not exceed ten feet in height unless erected above a parking lot, in which instance the system shall not exceed 18 feet in height.

Systems shall be screened from public rights-of-way and adjacent properties via fencing or landscaping.

Principal Solar Systems.

A solar array on land as the primary use of the land which consists of one or more cell(s) designed to collect and convert solar power into another form of energy that will be used for the generation of power for the sale of energy to other users not on-site.

Principal solar systems are not permitted in a residential zone.

A principal solar system shall be permitted in all nonresidential zones subject to specific criteria set forth below:

Shall be subject to site plan approval in accordance with the Land Development Ordinance.

When located in the New Jersey Pinelands shall be subject to all requirements of the Pinelands Comprehensive Management Plan.

Submit a stormwater management plan that demonstrates stormwater will infiltrate into the ground post-development at a rate equal to pre-development.

No more than 50% of the developable area of a site shall be utilized for a solar energy system on properties that meet the definition of an agricultural use.

All on-site utility and transmission lines shall be installed underground.

A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations or fence.

The applicant shall submit a plan for the removal of the principal solar energy system including all solar panels, inverters, transmission lines, electrical wires, storage houses, utility buildings and other items related to the collection and generation of solar energy when it becomes functionally obsolete.

At a minimum, a 25 foot wide access road must be provided to the site.

At a minimum, a 12 foot wide cartway shall be provided between solar panel racking systems to allow for maintenance vehicles and emergency management vehicles.

Setback Requirements: The purpose of setback standards is to preserve the rural viewsheds along county and state roads in accordance with Township, county and state master plans, protect existing residential developments from abutting large scale utility operations and to mitigate adverse noise impacts generated from large solar energy systems.

All setback requirements for all solar systems shall conform to the "principal use" setbacks of the zoning district.

Height. Ground-mounted panels shall not exceed 10 feet in height. Height shall be measured from the mean finish grade to the top of the solar panel.

Fences. All mechanical equipment for the solar energy system including any solar panels, invertors, buildings, structures for batteries or storage cells, shall be completely enclosed by a minimum 12 foot high fence. Fences are not permitted in the front, side or rear yard setbacks.

General Buffer and Screen Composition.

Purpose and Applicability

Buffers and screens shall be included with all site plan applications.

The primary purpose of screening buffers is to preserve the rural viewsheds along roads in accordance with Township, county and state master plans, protect existing residential developments from abutting large scale utility operations and to mitigate adverse noise impacts generated from large solar energy systems, and protect the rural character of Plumsted Township and adjacent properties.

A 50 foot screening buffer is required from all property lines.

Screening buffers shall consist of non-invasive shrubbery, trees, and plants which provide an opaque screen. Native Pinelands vegetation shall be used in Pinelands areas.

Screening buffers may be comprised of existing vegetation, natural features, proposed new or transplanted vegetation, existing or proposed fences or walls, and/or berms. When berms are included in a buffer screen, then a curvilinear or naturalistic arrangement is required.

No structure, activity, storage of materials, or parking of vehicles shall be permitted within a buffer area.

Screening buffers shall be designed, planted, graded, and developed with the general guideline that buffer must obscure the solar energy system and mitigate noises generated at the site.

Screening buffers shall contain two shade trees, two evergreen trees, and 20 shrubs per 50 linear feet.

A tree survey shall be performed and submitted as part of the site plan to locate any trees with a caliper of four inches or greater. For each tree of four inches or greater caliper removed for the project, two trees shall be planted in compensation.

No more than 80% of the site shall be cleared in non-Pinelands areas. In Pinelands areas, the project shall comply with Pinelands standards.

Roadways within the site shall not be constructed of impervious materials and shall be designed to minimize the extent of roadways constructed and associated soil compaction. Existing roadways need not be modified unless required for emergency vehicle access.

Development Standards for All Solar Energy Systems.

Solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties, businesses, residences, or roadways. The applicant shall submit a certification from an engineer or manufacturer that the design will not cause a reflection or noise nuisance to adjacent property owners or flow of traffic on nearby roadways.

If a ground-mounted solar energy system is taken out of service, it shall be removed and the area graded and reseeded within six months.

All electrical and power lines shall be located underground.

No part of a solar energy system shall be located in a front, side or rear yard setback.

No portion of the solar energy system shall contain or be used to display advertising.

Before construction commences on any solar energy system, the property owner must acknowledge that he/she is the responsible party for owning and maintaining the solar energy system.

Ground-mounted solar energy facilities or structures covering an area greater than 400 square feet face shall provide one or more of the following beneath the structures: meadow grasses or agricultural area for crops or grazing farm animals. They shall not be allowed to store any material under the panels regardless of size. However, to the extent that ground-mounted solar energy facilities or structures are installed over an existing impervious surface, such as concrete or asphalt, the provisions of this subsection shall not apply to such solar energy system.

Applicants are encouraged to enter into solar easements with neighboring property owners in order to ensure continued access to sunlight for solar energy systems.

All solar energy facilities or structures, including but not limited to associated electrical control equipment, wiring, and similar equipment shall be labeled and secured to prevent unauthorized access or tampering.

Abandonment.

Solar energy facilities or structures that are out of service for a continuous 12 month period will be deemed to have been abandoned.

The Land Use Board may require as a condition of final site plan approval that a deed restriction be filed to mandate/fund the removal of the solar energy facilities or structures if operations have been discontinued for 12 months.

Upon abandonment, the zoning officer or designee may issue a notice of abandonment to the owner. The notice shall be sent via regular and certified mail, return receipt requested, to the owner of record.

The land owner shall have 30 days to respond with documentation to demonstrate that the solar energy facilities or structures have not been abandoned. If such documentation is provided and is deemed acceptable to the zoning officer, then he or she may withdraw the notice.

Abandoned solar energy facilities or structures shall be removed at the owner's sole expense within six months after the owner receives the notice of abandonment from the municipality. If removed by the owner, a demolition permit shall be obtained and the solar energy facilities or structures and/or any related materials shall be removed from the site and properly disposed. Upon removal, the site shall be cleaned, restored and revegetated to its prior condition.

If solar energy facilities or structures are not removed by the owner within six months of receipt of notice from the Township that the solar energy facilities or structures have been deemed abandoned and removal is required, the Township may unilaterally remove the solar energy facilities or structures and place a lien upon the property for the cost of removal.