Union Beach City Zoning Code
§ 13-10.15
Regulating Wind Energy Systems or Facilities.
[Ord. No. 2009-150, § 3]
a.
Title. This subsection may be referred to as the wind energy system ordinance.
b.
Applicability. The requirements set forth in this subsection shall govern all zones and wind energy systems or facilities used to generate electricity to perform work which may be connected to the utility grid pursuant to state laws and regulations.
c.
Purpose. The purpose of this subsection is to: facilitate the permitting wind energy systems; regulate placement, construction and modification of wind energy systems, while promoting the safe, effective and efficient use of wind energy resources and wind energy systems while not interfering with the development of independent renewable energy sources; and preserving and protecting public health and safety without significantly increasing the cost or decreasing the efficiency of wind energy system.
d.
Development Standards. Wind energy systems may be permitted as a conditional use in all zones provided that the use and/or structures comply with the minimum standards of the particular zone and the following requirements:
1.
Minimum Lot Size. Wind energy systems shall have a minimum lot area equal to greater of minimum lot area prescribed in Figure 10 or the minimum lot area prescribed in the zone.
Schedule 1 Figure 10 | |
|---|---|
Minimum Required Lot Area(1) | |
Met Towers | 20,000 Square Feet |
Micro System | 7,500 Square Feet |
Small System | 20,000 Square Feet |
(1)If the lot area requirements for the zone is greater it shall take precedence |
2.
Location. Wind energy system shall not be located in any required front yard area.
3.
Setback Standards.
(a)
Wind energy systems meeting the definitions of either "met towers," "micro systems" or "small systems" shall be set back a minimum distance from any property line equal to 100% of the total height of the system as defined in subsection 13-2.5. The minimum setback requirements shall be measured from the tip of the blade to the property line.
(b)
No portion of the wind energy system shall extend beyond the setback line, nor into the following:
4.
Height Standards. Wind energy systems may exceed the maximum building height limitation provided that the total height of the system does not exceed a height above the existing grade as prescribed in Figure 11, as follows:
Schedule 2 Figure 11 | |
|---|---|
Maximum Total Height From Existing Grade | |
Met Towers | 120 Feet |
Micro System | 60 Feet |
Small System | 120 Feet |
e.
Site Design Standards. The following design standards shall apply to all wind energy systems installed and constructed pursuant to the terms of this subsection:
1.
Installation and Design.
2.
Visual Impact. Wind energy systems shall be located so as to not block, interfere or otherwise impair a scenic vista or corridor or block the view of an adjoining residential structure.
3.
Access.
(a)
All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.
(b)
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.
4.
Lighting. Wind energy systems shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration or other applicable authority that regulates air safety.
5.
Appearance, Color, and Finish. The wind energy system, generator and tower shall maintain a galvanized finish or be a non-obtrusive color such as white, off-white or gray. They shall remain painted or finished in the finish that was originally applied by the manufacturer.
6.
Noise. Wind energy systems shall be designed so as to not produce noise in excess of the limits set by the local noise ordinance. Wind energy systems shall be designed to eliminate any nuisances to the surrounding property and to limit any noise from said system from being heard off the property where the system is located. Small and micro wind energy systems shall not exceed 50 decibels as measured at the property line. This level, however, may be exceeded during short term events such as utility outages and/or severe wind storms.
7.
Transmission of Power Lines. Any on-site transmission or power lines shall be placed underground to the maximum extent feasible.
8.
Signs. There shall be no signs that are visible from any public street posted on a wind energy system or any associated building, except for the manufacturer's or installer's identification, appropriate warning signs, or owner or facility operator identification. Wind energy systems shall not display advertising, including flags, streams, or decorative items.
9.
Power. The primary purpose of a proposed wind energy system shall 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 time to time from a system designed to meet the energy needs of the principal use.
10.
Utility Notification and Interconnection. Wind energy systems that connect to the electric utility shall comply with the New Jersey's Net Metering and Interconnection Standards for Class I Renewable Energy Systems at N.J.A.C. 14:4-9.
11.
Met Towers. A met tower shall be permitted under the same standards, permit requirements, restoration requirements and permit procedures as a wind energy system.
f.
Abandonment and Decommissioning.
1.
A wind energy system that is out-of-service for a continuous six month period will be deemed to have been abandoned.
2.
The zoning officer, construction official and/or code enforcement officer may issue a notice of abandonment to the owner of a wind energy system that is deemed to have been abandoned. The notice shall be sent return receipt requested.
3.
The owner shall have the right to respond to the notice of abandonment within 30 days from notice receipt date.
4.
If the owner provides information that demonstrates the wind energy system has not been abandoned, the zoning officer, construction official and/or code enforcement officer shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn.
5.
If the zoning officer, construction official and/or code enforcement officer determines that the wind energy system has been abandoned, the owner of the wind energy system shall remove the wind generator from the tower at the owner's sole expense within three months after the owner receives the notice of abandonment.
6.
If the owner fails to remove the wind generator form the tower in the time allowed in paragraph 5 above, the borough may pursue legal action to have the wind generator removed at the owner's expense.
7.
Decommissioning shall include removal of the wind turbine(s), buildings, cabling, electrical components, access way and any other facilities. Disturbed earth shall be graded and reseeded, in accordance with the Freehold Soil Conservation District requirements.
g.
Additional Site Plan and/or Zoning Permit Submission Requirements. In addition to the applicable documentation and items required for site plan and/or zoning permit approval, the following items shall be required to be submitted to the planning board or zoning officer as part of the site plan and/or zoning permit application for a wind energy system:
1.
Narrative describing the proposed wind energy system;
2.
Plot Plan. The application shall be accompanied by a plot plan which includes, at a minimum, the following:
(a)
Property lines and physical dimensions of the property;
(b)
Location, dimensions, and types of existing and/or proposed structures on the property;
(c)
Location of the proposed wind energy system tower and ancillary equipment, buildings and structures;
(d)
Setback lines;
(e)
The right-of-way of any public road that is contiguous with the property;
(f)
Location of subsection(s) and electrical cabling from the proposed wind energy system to the substation(s); and
(g)
Any overhead utility lines.
3.
Specifications, including manufacturer and model, rotor diameter, tower height, tower type (freestanding or guyed) and approximate generating capacity of the wind energy system;
4.
Documentation from a qualified expert that the proposed wind energy system tower will have sufficient structural integrity to support the proposed wind turbine and associated equipment;
5.
Visual impact study graphically simulating, through models, computer enhanced graphic, aerial photo and/or similar techniques, the appearance of any wind energy system and indicating its view from at least five locations within one mile of the proposed facility, where the facility will be visible;
6.
Evidence of compliance with Federal Aviation Administration regulations;
7.
Copies of any negotiated power purchase agreement and utility company's approved schematics;
8.
Approval of the property owner(s) and the facility owner/operator of the energy faculty;
9.
An Environmental Impact Analysis (EIS) for all wind energy systems, which shall include a review and comments from the applicable state and federal agencies; and
10.
Decommissioning plans that describe the anticipated useful life of the proposed wind energy system, estimated decommissioning costs in current dollars, method for ensuring that the funds will be available for the decommissioning and restoration and anticipated matter in which the system will be decommissioned and the site restored. This obligation shall be recorded in the Monmouth County Clerk's Office and shall run with the land.