Southampton Township
City Zoning Code
City Zoning Code
12-5.22 Alternative
energy standards.
[Added 4-17-2012 by Ord. No. 2012-4]
a.
Purpose.
1.
Wind and solar energy are an abundant, renewable, and nonpolluting energy resource.
2.
The preservation of agricultural land and continuation of traditional farming activities remains a crucial component to the future of the Township. The Township's rural and agricultural character must be protected.
3.
Energy produced from solar and wind facilities is not farming; it is an evolving technology for commercial energy production. These facilities have the potential to substantially negatively impact contiguous agriculture areas. These facilities are inconsistent with Southampton's rural and agricultural character.
4.
The pressure to develop stand-alone renewable energy power plants could be reduced if more homes and businesses incorporated accessory renewable energy systems into their buildings and site design.
5.
Converting wind and solar rays to electricity may reduce dependence upon nonrenewable energy resources, but the same must be constructed in a way that supports Southampton's rural and agricultural traditions.
6.
Distributed small wind energy systems will enhance the reliability and power quality of the power grid, reduce peak power demands, and help diversify the state's energy supply portfolio.
7.
The Southampton Township Committee finds that it is in the best interest of our residents, public health, safety and general welfare to allow clean, renewable energy resources in a cost-effective and timely manner under standards that will support and promote continued rural and agricultural traditions in the Township.
b.
Definitions. The following words have the following meanings as used in this section:
ALTERNATIVE ENERGY SYSTEM
"Wind, solar or photovoltaic energy facility or structure" means a facility or structure for the purpose of supplying electrical energy produced from wind, solar or photovoltaic technologies, whether such facility or structure is intended as a principal use, a part of the principal use, or an accessory use or structure.
PHOTOVOLTAIC
Relating to or utilizing the generation of an electromotive force when radiant energy falls on the boundary between dissimilar substances.
SMALL WIND ENERGY SYSTEM
A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity consistent with applicable construction codes and which will be used primarily for on-site consumption, and has a nameplate capacity of 100 kilowatts or less.
SOLAR ENERGY SYSTEM
A solar energy system and all associated equipment which converts solar energy into a usable electrical energy, heats water or produces hot air or other similar function through the use of solar panels.
SOLAR PANEL
An elevated panel or plate, or a canopy or array thereof, that captures and converts solar radiation to produce power, and includes flat plate, focusing solar collectors, or photovoltaic solar cells and excludes the base or foundation of the panel, plate, canopy or array.
SYSTEM HEIGHT
The height above grade of the tower plus the wind generator.
TOWER HEIGHT
The height above grade of the fixed portion of the tower, excluding the wind generator.
WIND ENERGY SYSTEM
A wind turbine and all associated equipment, including any base, blade, foundation, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or other component necessary to fully utilize the wind generator.
WIND GENERATOR
Blades and associated mechanical and electrical conversion components mounted on top of the tower.
WIND TURBINE
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.
c.
Accessory use in residential zones. Alternative energy systems shall be permitted as an accessory use in all other residential zones, subject to and in accordance with the following:
1.
The primary purpose of a wind or solar energy system will be to provide power for the residential use of the property whereon said system is to be located and shall not be for the generation of power for commercial purposes.
2.
Wind and solar energy systems shall only be permitted as an accessory use on the same lot as the principal residential use. All energy systems require approval from the Zoning Officer and Construction Office prior to installation. Applications for an energy system shall include information demonstrating compliance with the provisions of this section.
In the event that the Zoning Officer or Construction Office does not believe the provisions of this section will be satisfied, an applicant may request a variance.
3.
Wind energy systems.
(a)
Wind energy systems are permitted in all residential zoning districts, subject to the following requirements:
(1)
Minimum lot size in accordance with zoning district: AP, AR, FA, FB, FC, RR, RD, RR1, TC, TC1, and VC.
(2)
Minimum setbacks. All wind turbines shall be set back from all property lines a distance equal to 100% of the system height. For example, if the system height is 35 feet, the setback shall be 35 feet.
(3)
Wind turbines shall not be permitted in any front yard and the Airport Hazard Zone.
(4)
Maximum height. Freestanding wind turbines shall not exceed a system height of 80 feet for lots between one and three acres. On lots of three acres or more, a maximum system height of 150 feet is permitted. The maximum system height shall include the height of the blades at their highest point.
(5)
No more than one wind turbine shall be permitted per residential property.
(6)
Wind turbines shall not be permitted as a rooftop installation.
(7)
Wind turbines on residential properties shall have a nameplate capacity of 10 kilowatts or less.
(b)
Noise. All wind energy systems shall comply with the following:
(1)
Between a residential use or zone, sound levels of the wind energy system shall not exceed 55 dBA at a common property line or 50 dBA to the closest occupied structure.
(2)
In all other cases, at a common property line, sound levels of the wind energy system shall not exceed 65 dBA.
(3)
These levels may be exceeded during short-term events such as utility outages and/or severe windstorms.
(c)
Wind turbines shall be designed with an automatic brake or other similar device to prevent over-speeding and excessive pressure on the tower structure.
(d)
Wind energy systems shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority.
(e)
All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.
(f)
The tower shall be designed and installed so as not to provide step bolts, a ladder, or other publicly accessible means of climbing the tower, for a minimum height of eight feet above the ground.
(g)
All moving parts of the wind energy system shall be a minimum of 10 feet above ground level.
(h)
The blades on the wind energy system shall be constructed of a corrosive-resistant material.
(i)
All guy wires or any part of the wind energy system shall be located on the same lot as the energy system.
4.
Solar energy systems.
(a)
Solar panels shall be permitted as a rooftop installation in all residential zoning districts. The solar panels shall not exceed a height of eight inches from the rooftop. In no event shall the placement of the solar panels result in a total height, including building and panels, higher than what is permitted in the zoning district in which they are located for the principal building.
(b)
Solar panels shall be permitted as ground arrays in accordance with the following:
(1)
All ground arrays shall be set back a distance of 20 feet from side and rear property lines in the residential zoning district.
(2)
Ground arrays shall not be permitted in a front yard setback and shall not be installed at any location closer to the street than the main residential structure.
(3)
Ground arrays shall be located so that any glare is directed away from an adjoining property or is properly buffered from the adjoining property.
(4)
Ground arrays shall not exceed a height of 15 feet.
(5)
Ground arrays shall not be permitted in wetlands or wetlands buffer areas.
5.
Restrictions.
(a)
Wind and solar energy systems shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the system. In no event shall any identification be visible from a property line.
(b)
The design of wind or solar energy systems shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the system into the natural setting and existing environment.
(c)
The installation of a wind or solar energy system shall conform to the Uniform Construction Code (UCC) as adopted by the New Jersey Department of Community Affairs.
(d)
The installation of a wind or solar energy system is subject to all utility requirements for interconnection.
d.
Conditional uses in certain highway commercial and agricultural zones.
1.
Solar energy systems shall be permitted in the Highway Commercial, Agricultural Production, Agricultural Residential, Municipal Complex, and Village Commercial Zones, as conditional uses, if the following conditions are met:
(a)
Solar energy systems shall be permitted to be ground-mounted and/or mounted to the principal and accessory structures and buildings.
(b)
Solar energy systems shall not exceed a ratio of 1:5 for the area where the facility is constructed and installed versus the total size of the property.
(c)
In the event solar energy systems are installed on an area of 10 acres or greater, the solar energy systems shall be deemed a principal use. A solar energy system as a principal use is only permitted in the Industrial Zone as set forth in Subsection e below.
(d)
All roof-mounted solar energy facilities shall be accessory uses.
(e)
Solar energy systems shall not count in the calculation of maximum lot coverage or maximum impervious coverage, unless the area under the system (excluding the footings) consists of an impervious material, such as pavement or concrete. Nevertheless, the design of the system shall comply with all municipal, county and state stormwater, grading and soil disturbance rules and regulations.
(f)
A ground-mounted solar energy system covering an area greater than 400 square feet shall provide one or more of the following beneath the structures: meadow grasses or agricultural area for crops or grazing farm animals. To the extent that a ground-mounted solar energy system is installed over an existing impervious surface, such as concrete or asphalt, the provisions of this subsection shall not apply.
(g)
Regardless of the size of the system, no storage of any materials shall be permitted under the panels.
(h)
Site disturbances, including, but not limited to, grading, soil removal, excavation, and soil compaction, including beneath ground-mounted solar energy system components, shall be minimized to the extent practical.
(i)
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. Any roadways shall be constructed to ensure appropriate turning radii for the then-existing largest emergency vehicle utilized in the Township by the volunteer fire companies.
(j)
Except to the extent that signs are permitted for the principal use of the property, there shall be no signs that are visible from any public road posted on any property where the solar energy system is located or on any associated building or structure, except for any required warning signs.
(k)
Zoning and construction permits shall be required in all zones. A permit issued pursuant to this section shall expire if:
(1)
The system is not installed within 18 months from the date the permit is issued; or
(2)
The system is taken out of service or otherwise abandoned for one continuous twelve-month period.
(l)
Except as otherwise provided herein, alternative energy systems are prohibited in all zoning districts.
(m)
Installation of alternative energy systems is specifically limited on any farmland that is subject to a farmland preservation restriction. Pursuant to state law, such farms are permitted to install alternative energy systems, provided such systems occupy no greater than 1% of the land area of such farm and generate no more than 110% of the energy needs of such farm. Farms described herein shall comply with all other regulations set forth in this chapter.
(n)
Height. The installation of alternative energy systems shall not exceed the height limitation for principal or accessory structures in the zone.
(o)
Roof-mounting. Solar energy systems shall be mounted no more than 12 inches above any roof surface. The panels shall not be located within three feet of any peak, eave or valley of the roof in order to maintain pathways of accessibility.
(p)
Unless otherwise defined herein, area, yard and bulk requirements shall adhere to the Schedule of Area, Yard and Bulk Requirements for Nonresidential Uses in the Non-Pinelands Area of Southampton Township. In no event shall a ground array solar energy system be permitted in the front yard setback in any zone.
(q)
Solar energy systems as ground arrays shall be enclosed by perimeter fencing at a minimum height of at least six feet to restrict unauthorized access.
(r)
On-site power lines used for the system, to the extent practical, shall be placed underground.
(s)
All solar energy systems shall be required to obtain a minor site plan approval and shall also be required to obtain zoning and building permits as required by the Township of Southampton.
(t)
All solar energy systems which are permitted as ground arrays shall be located so that any reflection is directed away from or is properly buffered from an adjoining property.
(u)
In addition to the sign standards established for the underlying zone, there shall be no additional signs that are visible from any public road posted on a solar energy system or any associated building or structure except the manufacturer's or installer's identification, appropriate warning signs, or owner identification.
(v)
Solar energy systems shall not be permitted on any property in the airport, Airport Safety Zone or Airport Hazard Zone without appropriate state and/or Federal Aviation approvals.
2.
Wind energy systems and solar energy systems shall be permitted as a conditional use in the Highway Commercial, Industrial, Agricultural Production, Municipal Complex, and Village Commercial Zones if the following conditions are met:
(a)
Area, yard and bulk requirements for wind energy systems shall be those set forth for Highway Commercial and Industrial Zones for nonresidential uses in the non-pinelands area of Southampton Township, except as follows:
(1)
With regard to wind energy systems in the HC and I Zones, minimum lot size shall be five continuous acres that are owned by the same person or entity.
(2)
Minimum setbacks. All wind turbines shall be set back from all property lines a distance equal to 100% of the system height. For example, if the system height is 35 feet, the setback shall be 35 feet.
(3)
Wind turbines shall not be permitted in any front yard and the Airport Hazard Zone.
(4)
Maximum height. Freestanding wind turbines shall not exceed a system height of 80 feet for lots between one and three acres. On lots of three acres or more, a maximum system height of 150 feet is permitted. The maximum system height shall include the height of the blades at their highest point.
(5)
No more than one wind turbine shall be permitted per acre.
(6)
Wind turbines shall not be permitted as a rooftop installation.
(b)
Noise. All wind energy systems shall comply with the following:
(1)
Between a residential use or zone, sound levels of the wind energy system shall not exceed 55 dBA at a common property line or 50 dBA to the closest occupied structure.
(2)
In all other cases, at a common property line, sound levels of the wind energy system shall not exceed 65 dBA.
(3)
These levels may be exceeded during short-term events such as utility outages and/or severe windstorms.
(c)
Wind turbines shall be designed with an automatic brake or other similar device to prevent over-speeding and excessive pressure on the tower structure.
(d)
Wind energy systems shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority.
(e)
All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.
(f)
The tower shall be designed and installed so as not to provide step bolts, a ladder, or other publicly accessible means of climbing the tower, for a minimum height of eight feet above the ground.
(g)
All moving parts of the wind energy system shall be a minimum of 10 feet above ground level.
(h)
The blades on the wind energy system shall be constructed of a corrosive-resistant material.
(i)
All guy wires or any part of the wind energy system shall be located on the same lot as the energy system.
3.
Restrictions.
(a)
Wind and solar energy systems shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the system. In no event shall any identification be visible from a property line.
(b)
The design of wind or solar energy systems shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the system into the natural setting and existing environment.
(c)
The installation of a wind or solar energy system shall conform to the Uniform Construction Code (UCC) as adopted by the New Jersey Department of Community Affairs.
(d)
The installation of a wind or solar energy system is subject to all utility requirements for interconnection.
e.
Permitted use in Industrial Zone.
1.
Solar energy systems and wind energy systems shall be permitted in the Industrial Zone as a permitted use.
2.
Although permitted, the energy systems are subject to the standards for conditional use identified in Subsection d above.
f.
Abandonment.
1.
A wind energy system or solar energy system that is out of service for a continuous twelve-month period will be deemed to have been abandoned if the owner/operator cannot affirmatively demonstrate substantial action undertaken to place the system back in service.
2.
The Zoning Officer 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.
3.
Any abandoned system shall be removed at the owner's sole expense within 90 days after the owner receives the notice of abandonment from the Township. If the system is not removed within 90 days of receipt of notice, the Zoning Officer shall take necessary action or remedies to bring about compliance: may assess a monetary penalty in the amount of $1,000 per week until the condition has been abated and may seek legal counsel from Southampton Township to institute the appropriate court action to correct or abate any violation of this section.
4.
If the wind energy system or solar energy system is removed by the property owner, a demolition permit shall first be obtained from the Southampton Township Building Office, and the facility shall be removed only subsequent thereto.
5.
When a wind or solar energy system has been removed, the site shall be cleaned, restored and revegetated to blend with the existing surrounding vegetation at the time of abandonment.
