South River City Zoning Code
§ 350-30
Solar or photovoltaic energy facilities.
A.
Purpose. It is the purpose of this section to provide zoning conditions, standards and limitations for the location, approval and operation of solar panels, arrays, rooftop facilities and array facilities within the Borough that recognize the need to safeguard the public good, health, safety and welfare and preserve the intent and the purposes of the South River Master Plan.
C.
Statement of findings.
(1)
Solar energy production is a use which is universally considered of value to the community because it fundamentally serves the public good and promotes the general welfare.
(2)
The Borough recognizes that production of renewable sources of energy serves as an important part of the green economy.
(3)
It is in the public interest that solar energy production facilities will locate or co-locate their facilities on existing developed areas.
(4)
It is in the public interest that, to the extent possible, any new facilities for solar production be located on existing rooftops and open areas.
(5)
It is in the public interest to minimize the visual impact of solar energy production facilities in the Borough and to preserve the nature and character of the local community.
D.
Panel regulations.
(1)
Pursuant to N.J.S.A. 40:55D-66.11 of the Municipal Land Use Law, such renewable energy facilities on a parcel or parcels of land comprising 20 or more contiguous acres that are owned by the same person or entity shall be a permitted principal use within every industrial district in the Borough.
(2)
All solar panels themselves shall be exempt from zoning limitations on impervious cover; however, the base or foundation of a solar panel may still be regulated as impervious cover.
(3)
Solar or photovoltaic energy facilities or structures in all zoning districts of the Borough shall be considered inherently beneficial uses as defined by the Municipal Land Use Law.
(4)
When installed at a location with an existing principal use, solar facilities shall be considered as an accessory use and shall be a permitted accessory use in all nonresidential zones of the Borough. Such solar facilities shall be maintained as an accessory.
E.
Site plan requirement.
(1)
Solar panels proposed on single- and two-family residential dwellings shall be exempt from site plan review; however, no such solar panel shall be erected without the approval the Construction Official.
(2)
Proposed solar panels on all other rooftops, ground arrays, carports or similar facilities shall require site plan approval in accordance with N.J.S.A. 40:55D-67 of the Municipal Land Use Law.
F.
Bulk requirements. Notwithstanding any provision of the Land Development Ordinance provisions of the Borough to the contrary, the following location and height restrictions on shall apply to all panels and equipment:
(1)
The height of any roof-mounted panels shall be no greater than three feet above the highest point of the roof.
(2)
The height of any ground-mounted antenna shall not exceed five feet in height to the top of the panel when the panels are positioned at their maximum angle.
(3)
The height of any carport structure shall not exceed 12 feet in height to the top of the structure.
(4)
No panel or equipment structure shall be located in any required front, side or rear yard setback area.
G.
Screening requirements. To the greatest extent possible, all solar panels and ground-mounted equipment or utility cabinets shall be fully screened from the public right-of-way with a combination of solid fencing and landscaping.
H.
Maintenance plan requirement. Upon application to the appropriate board, the applicant shall submit a maintenance plan for any proposed solar facility, indicating the details of regular maintenance, operation, safety details and the lifespan of the facility.