Wantage Township City Zoning Code
§ 13-14.6A Minor Solar Energy Systems
Regulations.
a.
The primary purpose of a minor solar energy system, as defined in section 13-2, will be to provide power for the principal and accessory uses on the property but shall not be used for the generation of power for commercial purposes. This provision shall not be interpreted to prohibit the sale of any excess power generated from a solar energy system. For the purpose of this subsection, the sale of excess power shall be limited to generate no more energy for sale than what is otherwise necessary to power the uses on the property on a daily basis.
b.
Minor solar energy systems shall only be permitted as an accessory use and located on the same lot as the principal use. All minor solar energy systems require site plan approval from the land use board prior to installation. Applications for a minor solar energy system shall include information demonstrating compliance with the provisions of this subsection. Further since it is important to preserve the scenic beauty of the township's ridgelines as commonly understood, the land use board shall make the final selection as to the location of solar panels taking into consideration ridgelines, scenic vistas, the location of the residence and other structures on the property, nearby residences and other pertinent factors. Tree removal on slope plateaus or ridge faces shall be subject to a tree management plan which shall be approved by the township. No solar structures shall be erected which would lie atop the crest of an unwooded hill or plateau. Structures may be erected on hilltops or plateaus only where such hills or plateaus are substantially buffered by trees of at least 35 feet in height and would remain that height or higher by either an approved tree management plan and/or appropriate conservation restrictions regulating the use of the property.
c.
Minor solar energy systems shall be permitted in the RE-5, HC, NC, I, LI, RC and AH zoning districts and are subject to the following requirements:
1.
Minor solar energy systems shall not be permitted in any front yards, unless in the opinion of the land use board the front yard is the most suitable place, based upon topographic conditions.
2.
Access. All ground mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.
3.
Utility notification and interconnection. Solar 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.
d.
Electromagnetic interference.
1.
If documentation is provided that indicates that the installation is causing electromagnetic interference to any abutting property, the installation shall be deemed a public nuisance which nuisance shall be corrected within 90 days of receipt of a notice of violation. If the electromagnetic interference cannot be remedied, the installation shall be removed or relocated, as appropriate.
e.
Minor solar energy systems.
1.
Rooftop solar panel installations.
(a)
Solar panels shall be permitted as a rooftop installation in any zoning district. The solar panels shall not exceed a height of 12 inches from the rooftop.
(b)
Panels installed in a rooftop configuration must be installed not more than one foot beyond the actual boundaries or edges of the roof.
(c)
The preferred location for solar panels installed in a rooftop configuration is on the rear roof area except on any roof of a lakefront lot. Solar panels installed on a rooftop configuration on the roof of a structure located on a lakefront lot are preferred to be installed on the front roof area. If the applicant makes a showing to the satisfaction of the construction official that the rooftop configuration cannot be installed on the rear roof area or the front roof they may be installed on other appropriate roof areas.
2.
Ground mount solar panel installations.
(a)
Ground arrays shall not be permitted in the front yard.
(b)
Ground arrays shall be set back a minimum of 20 feet from side or rear property lines in all residential zones or in conformance with the required setbacks for accessory structures in nonresidential zones.
(c)
Ground arrays shall be located so that any glare is directed away from an adjoining property.
(d)
Ground arrays shall not exceed a height of 15 feet.
(e)
A solar energy system shall not add, contribute to, or be calculated to cause an increase in impervious coverage for the purposes of conforming to zone standards.
(f)
Buffering shall be provided within the twenty-foot setback as deemed appropriate by the board.
f.
A zoning permit and building permit shall be required for the installation of a minor solar energy system. Documents required for a zoning permit shall include the following:
1.
Survey of the property.
2.
Location, dimensions (including height) of existing major structures on the property.
3.
Location, dimension and type of proposed energy system including all structures accessory to the system.
4.
Manufacturer solar energy system specification including manufacturer and model.
5.
Proof of notification of the utility company for interconnection purposes.
6.
Other documents and plans containing enough information concerning the installation of the system for the zoning official 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 official.
g.
Abandonment.
1.
A minor solar energy system energy system that is out of service for a continuous twelve-month period will be deemed to have been abandoned.
2.
The zoning officer shall 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.
3.
Any abandoned system 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 township notifying the owner of such abandonment, the township may remove the system as set forth below.
4.
Upon removal, the site shall be cleaned, restored, and revegetated, if necessary, to blend with the existing surrounding vegetation at the time of abandonment.
h.
Notice. Notice of hearings for consideration of solar energy systems by the land use board shall be given of the application in accordance with N.J.S.A. 40:55D-10.
i.
Fees and escrows shall be in accordance with applicable ordinances.