Southampton Township
City Zoning Code
City Zoning Code
12-5.23 Alternative
energy standards in the Pinelands.
[Added 7-17-2012 by Ord. No. 2012-8]
a.
In addition to the standards established in § 12-5.22, additional, more-specific standards are hereby established for lands lying within the Agricultural Production Zone, the Highway Commercial Zone and the Municipal Complex Zone where such lands are also within the Pinelands Preservation Area.
b.
The following additional standards apply to solar facilities in the Agricultural Production Zone, the Highway Commercial Zone and the Municipal Complex Zone:
1.
Public service infrastructure necessary to support the solar energy facility must be available, or can be provided without any off-site development, in the Preservation Area District, Special Agricultural Production Area, or a Forest Area.
2.
The solar energy facility, including any proposed off-site infrastructure, shall be located and screened in such a way as to minimize visual impacts as viewed from:
3.
Should the development of new or expansion of existing on-site or off-site infrastructure be necessary to accommodate the solar energy facility, clearing shall be limited to that which is necessary to accommodate the use in accordance with N.J.A.C. 7:50-6.23. New rights-of-way shall be limited to a maximum width of 20 feet, unless additional width is necessary to address specific safety or reliability concerns.
4.
Any solar energy facility shall be decommissioned within 12 months of the cessation of its utilization. Decommissioning shall include:
(a)
Removal of all energy facilities, structures and equipment, including any subsurface wires and footings, from the parcel;
(b)
Restoration of the parcel in accordance with N.J.A.C. 7:50-6.24; unless restoration is unnecessary because the parcel is to be put into active agricultural use or approved for development in accordance with the certified local ordinance within that twelve-month period; and
(c)
Any other measures necessary to address ecological and visual impacts associated with the solar energy facility, including the removal of off-site infrastructure and restoration of affected lands.
c.
The following additional standards are established for solar energy facilities in the Agricultural Production Zone:
1.
Solar energy facilities may occupy up to 20% of any parcel but in no case shall exceed 10 acres.
2.
Solar energy facilities shall be located on a parcel in such a manner as to avoid, to the maximum extent feasible:
(a)
Soils classified as prime farmland by the United States Department of Agriculture, Natural Resources Conservation Service; and
(b)
Lands which have the highest ecological values in the Pinelands Area, as evidenced by large, contiguous areas of forest, undisturbed drainage units, undisturbed wetlands or prime habitat for characteristic and rare Pinelands plant and animal populations.
3.
No Pinelands development credits shall be allocated pursuant to N.J.A.C. 7:50-5.43 to that portion of the parcel developed for solar energy facility use until such time as the solar energy facility has been decommissioned.
d.
The following additional standards are established for solar energy facilities in the Pinelands Area portions of the Highway Commercial Zone:
1.
Solar energy facilities may occupy any previously disturbed portions of a parcel that have not subsequently been restored. The clearing of additional lands to accommodate a proposed solar energy facility may also be permitted, provided the percentage of cleared land on any parcel does not exceed 30%, taking into consideration both existing and proposed clearing; and
2.
Solar energy facilities shall be located on a parcel in such a manner as to avoid, to the maximum extent feasible, lands which have the highest ecological values in the Pinelands Area, as evidenced by large, contiguous areas of forest, undisturbed drainage units, undisturbed wetlands or prime habitat for characteristic and rare Pinelands plant and animal populations.
e.
Wind facilities in the Pinelands area.
1.
Where not otherwise prohibited by zoning regulations, wind facilities in the Pinelands are allowed only as an accessory use.
2.
Wind facilities are not permitted as a conditional or permitted use in the Agricultural Production Zone.
3.
Wind facilities are permitted in the HC and MC Zones as a conditional or principal use but limited to a maximum height of 35 feet.
f.
Applications to Pinelands Commission.
1.
The Pinelands Comprehensive Management Plan provides that applications to the Pinelands Commission are not required for the installation of an accessory solar energy facility on any existing structure or impervious surface but are required for all other applications.