Stillwater Township
City Zoning Code
City Zoning Code
ARTICLE XIA
Solar Energy Systems
[Added 9-2-2014 by Ord. No. 2014-13]
§ 240-118.1 Purpose; sale of excess power.
The primary purpose of a solar energy system will be to provide power for the principal use of the property whereon said system is to be located and shall not be for the generation of power for commercial sale purposes. Notwithstanding the foregoing, this provision shall not be interpreted to prohibit the sale of excess power generated from time to time from a solar energy system designed to meet the energy needs of the principal use on the property. For the purposes of this chapter, the sale of excess power shall be limited so that generally an energy system is not generating more energy for sale than what is otherwise necessary to power the principal use on the property.
§ 240-118.2 Use; requirements.
Solar energy systems shall only be permitted as an accessory use on the same lot as the principal use. All applications shall demonstrate that the conditions at the proposed location will be suitable for the generation of electricity. All solar energy systems require approval from the Zoning Officer and Construction Official prior to installation. All applications for a solar energy system shall include appropriate information demonstrating compliance with this chapter, including a record of the electric usage for the principal use on the property for the previous year. In the event that the Zoning Officer or Construction Official does not agree that the provisions of this chapter will be satisfied, an applicant may apply to the Planning Board for an interpretation or variance as necessary.
§ 240-118.3 Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
SOLAR ENERGY SYSTEM
Solar panels, their mounting apparatus and all associated equipment that collect, store and distribute solar energy for heating, cooling or electricity generating.
SOLAR PANEL
A structure containing one or more photovoltaic or receptive cells, the purpose of which is to convert solar energy into useable electrical energy through the use of solar panels.
§ 240-118.4 Standards.
A.
Rooftop solar energy systems.
(1)
Solar energy systems shall be permitted as a rooftop-mounted installation in all zoning districts. The solar panels shall not exceed a height of eight inches from the rooftop. The height of the solar panels shall not be included in any calculations for total building height.
(2)
Solar energy systems installed in a rooftop-mounted configuration shall not be installed beyond the actual boundaries or edges of the roof.
(3)
A clearly marked manual shutoff switch for the electricity from the solar panels shall be installed in close proximity to the meter on the exterior of the principal structure.
(4)
An official National Electric Code (NEC) placard, stating that there are solar panels on the principal structure, shall be placed near the front entrance of the structure.
(5)
Rooftop solar systems shall not be subject to the cover percentage set forth in § 240-104G(2) of the Township of Stillwater's Municipal Code.
B.
Ground-mounted solar panel systems.
(1)
Solar energy systems shall be permitted as a ground-mounted installation in all zoning districts.
(2)
Ground-mounted solar energy systems shall not be permitted in the front yard.
(3)
Ground-mounted solar energy systems shall be set back in conformance with the required setbacks for accessory structures in each zone.
(4)
Ground-mounted solar energy systems shall be located so that concentrated solar energy radiation or glare shall not be directed onto nearby properties or roadways.
(5)
Ground-mounted solar energy systems shall not exceed a height of 15 feet.
(6)
Ground-mounted solar energy systems shall not be permitted on any lot that is 0.5 acre or less.
(7)
Ground-mounted solar energy systems shall not add, contribute to or be calculated to cause an increase in impervious coverage for purposes of conforming designing standards.
(8)
A clearly marked shutoff switch for the electricity from the solar energy systems shall be installed in close proximity to the meter on the exterior of the principal structure.
(9)
Ground-mounted solar energy systems shall be screened and or landscaped to shield the system when viewed from the street and/or adjacent properties.
(a)
The recommended distance and planting material is identified in Figure A attached.[1]
[1]
Editor's Note: A copy of Figure A is on file in the Township offices.
(b)
Where natural evergreen or dense deciduous screening is already in existence, no additional screening shall be required between the property line(s) and the ground arrays.
(c)
Screening is not required between the ground-mounted solar energy systems and the principal structure located on the same lot as the ground-mounted solar energy systems if it is completely shielded from the front, rear and side property lines.
C.
The provisions in this article do not apply to the installation of decorative solar energy pathway lights that do not provide power for another use or structure.
D.
For ground-mounted solar energy systems, all solar energy systems shall meet all National Electric Code (NEC) requirements.
§ 240-118.5 Requirements for all solar energy systems.
A.
Solar energy systems shall not be used for displaying or advertising except for the labeling information noted in Subsection F below.
B.
The design of solar energy systems shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the facility into the natural setting and existing environment.
C.
The solar energy system shall be located so that tree removal is consistent with the regulations set forth in Chapter 382 of the Township of Stillwater's Municipal Code.
D.
For ground-mounted solar energy systems, all electric lines and utility wires shall be installed underground.
E.
The installation of a solar energy system shall conform to the requirements of the electric utility company for interconnection as the case may dictate.
F.
A minimum of one sign shall be posted near ground level on the interconnection cabinet warning of high voltage. In addition, the following information shall be posted on a label or labels installed at the site:
(1)
The maximum power output of the system.
(2)
Nominal voltage and maximum current.
(3)
Manufacturer's or installer's name, address and telephone number, and the serial number and model number of the equipment.
(4)
Emergency and normal shutdown procedures.
G.
Solar energy systems that connect to the electric utility shall comply with the New Jersey net metering and interconnection standards. Solar energy systems shall not be installed to generate more electricity than needed for the principal use on the property.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
H.
A solar energy system that is out of service for a continuous twelve-month period shall be deemed to have been abandoned.
(1)
The Zoning Officer may issue a notice of abandonment to the owner. The notice shall be sent via regular mail and certified mail, return receipt requested, to the owner of record.
(2)
Any abandoned solar energy system shall be removed at the owner's sole expense within six months of the date on the notice of abandonment from the Zoning Officer. Prior to removal, the owner shall obtain a demolition permit from the Construction Official. Upon removal, the site shall be cleaned, restored and landscaped to blend with the existing surrounding vegetation at the time of the removal.
(3)
The Zoning Officer may issue a summons to the owner for failure to remove the abandoned system as requested in the notice of abandonment.
(4)
When the owner of the solar energy system had been notified to remove same and has not removed the system within six months after receiving the notice, the Township may pursue legal action to have the system removed at the owner's expense.
(5)
Solar panels removed from the site shall be deposited at a recognized solar panel recycling center. Panels that are not recycled must be disposed of in accordance with the New Jersey Department of Environmental Protection or U.S. Environmental Protection Agency requirements.
I.
A zoning permit and building permit shall be required for the installation of a solar energy system. Documents required for a zoning permit shall include the following:
(1)
Property survey.
(2)
Location, dimensions (including height) of existing major structures on the property.
(3)
Location, dimensions and type of proposed solar energy system, including all structures accessory to the system. The setback distance of the solar energy system improvements from all property lines shall be shown.
(4)
Manufacturer's energy system specifications, including make and model.
(5)
Proof of notification to the electric company for interconnection purposes.
(6)
Certification from a professional engineer, licensed New Jersey electrician and/or the installation company that the proposed installation is in compliance with manufacturer's guidelines.
(7)
Other documents and plans containing enough information concerning installation of the solar energy system for the Zoning Officer to make a formal decision concerning conformance with the ordinance standards. The amount and accuracy of information provided shall be in the judgment of the Zoning Officer.
(8)
Statement from applicant that installation will comply with all environmental guidelines.
(9)
Application shall include a current photograph of the site where the proposed system is to be installed.
J.
If the location of the solar energy improvements does not meet the setback requirements of the zoning section, the applicant shall submit an application for site plan and variances to the Township Planning Board.
§ 240-118.6 Violations and penalties.
A.
It is unlawful for any person to construct, install or operate a solar energy system that is not in compliance with this article or with any condition contained in a building permit issued pursuant to this article. Solar energy systems installed prior to the adoption of this article are exempt.
B.
Penalties. The penalties for the violation of this article are contained in § 240-132 of the Stillwater Township Code.
