Tinton Falls City Zoning Code
§ 40-38.2
Small Wind and Small Solar Energy Systems. 1
[Ord. No. 11-1313 §§ 2 - 6; amended 10-1-2019 by Ord. No. 2019-1452; 12-3-2024 by Ord. No. 2024-1518]
A.
General Applicable Standards for Small Wind Energy Systems and Small Solar Energy Systems.
(110% production).
1.
The primary purpose of a small wind or small 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 purposes, although this provision shall not be interpreted to prohibit the sale of excess power generated from a small wind or small solar system to a supplier/provider. For the purposes of this section, the generation of power shall be limited to 110% of the average annual energy consumed for the principal use of the subject property.
2.
Small wind energy systems are permitted as a conditional use on the same lot as the principal use. Small solar energy systems are permitted as an accessory use on the same lot as the principal use. All small wind or small solar energy systems require approval from the zoning officer 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 does not believe the provisions of this section will be satisfied an applicant may request a variance.
3.
All applications for small wind or small solar energy systems are to be submitted for site plan and/or variance/waiver review to the Planning Board or the Zoning Board, as necessary, when a variance/waiver is requested.
B.
Small Wind Energy Systems.
(110% production).
1.
Small wind energy systems are permitted as a conditional use in all zones subject to the following requirements:
b.
Maximum height: System height shall not exceed 25 feet, measured from the grade plane to the height of the blades at its highest point.
c.
Minimum setbacks: All wind energy systems shall be set back from all property lines a distance equal to 100% of the system height including the blades of the turbine at their highest point.
d.
Wind energy systems shall not be permitted in any front yard.
e.
No more than one wind energy system shall be permitted per property.
f.
Wind energy systems shall not be permitted as a rooftop installation.
g.
All moving parts of the wind energy system shall be a minimum of 30 feet above ground level.
h.
Any tower shall be designed and installed so as to not provide step bolts or a ladder readily accessible to the public for a minimum height of eight feet above the ground.
i.
All guy wires or any part of the wind energy system shall be located on the same lot as the wind energy system.
2.
Noise: All wind energy systems shall comply with the following requirements.
C.
Small Solar Energy Systems. (110% production) will be created and shall state the following:
1.
Rooftop solar arrays for small solar energy systems are permitted as an accessory use in all zones subject to the following requirements.
a.
Rooftop solar arrays shall not exceed a height of 12 inches from the existing roof surface of a peaked roof and not exceed a height of four feet from the existing roof surface of a flat roof.
b.
In no event shall the placement of the solar energy system result in a total of the height building plus panels and mounting equipment higher than what is permitted in the zoning district which the subject energy system is located.
2.
Ground-mounted solar arrays for small solar energy systems are permitted as an accessory use in all zones subject to the following requirements:
a.
Maximum size: No more than 10% of a lot may be devoted to a ground-mounted solar energy system, however, in no case shall a ground-mounted solar energy system exceed 2,500 square feet.
b.
Ground-mounted solar energy systems shall not exceed a height of 10 feet as measured from the grade plane to the highest point of the mounting equipment and/or panel(s), whichever is higher.
c.
Minimum setback: All ground-mounted solar energy systems shall have a distance of 20 feet from all property lines in residential zoning districts or 50 feet from any property line in commercial zoning districts.
d.
Ground-mounted solar energy systems shall not be permitted in any front yard.
e.
Ground-mounted solar energy systems are permitted in the rear yard.
f.
Ground-mounted solar energy systems are permitted in side yards, if screened from the street and adjacent properties by evergreen landscaping to create a continuous buffer.
g.
Ground arrays shall not contribute to impervious surface calculations, unless installed above an impervious surface.
D.
Additional requirements shall be created and shall state the following:
1.
All small wind energy systems and small solar energy systems shall comply with the following:
a.
Small wind and small energy systems shall not be used for displaying any advertising except for reasonable identification of the manufacture or operator of the system. In no case shall any identification be visible from a property line.
b.
Small wind and small solar energy systems shall not significantly impair a scenic vista or scenic corridor as identified in the Borough's Master Plan or other published source.
c.
The natural grade of the lot shall not be changed to increase the elevation of any wind turbine or solar array.
d.
Wires, cables and transmission lines running between the device and any other structure shall be installed underground.
e.
All ground mounted electrical and control equipment shall be secured to prevent unauthorized access.
f.
The design of small wind and small 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.
g.
The installation of a small wind and small solar energy systems shall conform to the National Electric Code as adopted by the NJ Department of Community Affairs.
h.
The installation of a small wind and small solar energy systems is subject to all local electric company requirements for interconnections.
i.
The following requirements are applicable to small wind energy systems:
(1)
Wind energy systems shall not be artificially lit, except to the extent required by the FAA or other applicable authority.
(2)
Wind turbines shall be designed with an automatic brake or other similar device to prevent over-speeding and excessive pressure on the tower structure.
(3)
The blades on the wind energy system shall be constructed of a corrosive resistant material.
E.
Abandonment shall be created and shall state the following:
1.
Abandonment.
a.
In the case that any small wind or small solar energy system as defined herein is out of service for a continuous twelve-month period will be deemed to have been abandoned.
b.
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.
c.
Any abandoned small wind or small solar energy system as defined herein shall be removed at the owner's sole expense within six months after the owner receives the "Notice of Abandonment" from the municipality. If the system is not removed within six months of receipt of notice from the Borough notifying the owner of such abandonment, the Borough may remove the system as set forth below.
d.
When an owner of a small energy system as defined herein has been notified to remove same and has not done so six months after receiving said notice, then the Borough may remove such system and place a lien upon the property for the cost of the removal. If removed by the owner, a demolition permit shall be obtained and the facility shall be removed. Upon removal, the site shall be cleaned, restored and revegetated to blend with the existing surrounding vegetation at the time of abandonment.