Wantage Township City Zoning Code
§ 13-24.22
Major Solar Energy Systems.
a.
Purpose. The purpose, this subsection is to create the opportunity to locate major solar energy systems in locations in which there will be no substantial impact on the rural scenic character of Wantage Township. To accomplish this objective, this subsection establishes location priorities and setback to enforce the use of appropriate lands as a means of providing renewable energy resources for not only surrounding properties but the entire grid.
b.
Conditional use standards. In addition to meeting the standards set forth for minor solar energy systems, major solar energy systems shall be permitted as a conditional use providing the following specific conditional use standards are met:
1.
Conditions of approval.
(a)
The use shall front on a State or county road or on a service road with direct access to a State or county road.
(b)
Minimum lot area is 10 acres.
(c)
Minimum lot frontage as required by the zone.
(d)
All structures, panels and the like shall be set back a minimum of 100 feet from all property lines.
(e)
The entire area shall be fenced and appropriately screened from all adjoining properties. Said landscaping buffer to be provided according to paragraph 2 below and as specifically required by the land use board. Maintenance of said landscaped buffer shall be in accordance with an approved maintenance plan.
(f)
Grading within prime farmland and farmlands of statewide significance shall be limited to only that necessary to construct access roads, berms for screening and for construction of inverter and switching equipment pads.
(g)
Except pursuant to a permit issued by the New Jersey Department of Environmental Protection (NJDEP), no portion of a major solar energy system and structures shall occupy areas of land designated and regulated by NJDEP as floodplains, flood hazard areas, wetlands, wetlands transition areas or riparian corridors. An applicability determination from the NJDEP shall be provided to document the presence and/or absence of these regulated areas.
(h)
Applicant shall adhere to all specific requirements contained in the section of the chapter entitled "Solar Energy Systems" except as modified herein.
2.
Screening and buffering. The following minimum screening requirements shall be met. However, notwithstanding the minimum requirements, the applicant shall demonstrate, to the satisfaction of the land use board or zoning board, whichever has jurisdiction, that the proposed screening provides a visual screen of the facility from neighboring properties. Additional screening may be needed to meet this requirement as determined by the board of jurisdiction.
(a)
Screening shall consist of a combination of native plantings, to the extent possible. Alternately, an earthen berm may be employed if existing vegetated screening and native plantings will not suffice to provide the necessary buffer and maintain the rural character of the township. The need for and location of vegetative screens includes the identification of appropriate species and varieties of vegetation to ensure that there is adequate visual screening throughout the year.
(b)
The landscaping plantings shall be designed for enhancing the quality of the soil and the ability of the land to absorb rainwater.
(c)
Landscaping shall be limited to the extent possible of native species of deciduous and coniferous trees and shrubs that are indigenous to the area, as listed in the Natural Resource Inventory, and shall not include invasive species as listed in Natural Resource Inventory of Wantage Township. Such plantings shall be depicted on a plan prepared by a licensed professional. The applicant shall rely upon existing vegetation, including existing hedgerows or windbreaks that provide screening, to the maximum extent practical. The appropriate height or caliper of the vegetation to be planted shall ensure that there is a 75% screening of the solar energy generation facilities within five years of completing the installation of the facilities. A photo simulated exhibit depicting screening at key locations at the projected five-year period shall be required.
(d)
A barrier shall be installed behind the required screen which shall:
(1)
Secure the facility at all times.
(2)
Restrict access to all electrical wiring that may be readily accessible.
(3)
All electrical control equipment shall be labeled and secured to prevent unauthorized access.
(4)
Conform to the Uniform Construction Code and other applicable standards.
(5)
One or more access gates to the facility shall be provided. Each access gate shall include a sign identifying the property owner as well as responsible parties for operation of the major solar and photovoltaic energy facilities and structures; for maintenance of the facility; and for maintenance of the visual screen, landscaping and security fence. Contact information for all of the above responsible parties shall be provided on each access gate sign.
(6)
No signs shall be posted on a solar facility or any associated building, structures, or fencing with the exception of access gate signs, appropriate warning signs, and manufacturer's or installer's identification.
(7)
All transformers and high voltage equipment shall be situated within a compound, which shall be enclosed within a security fence and access gate, which shall remain locked at all times. If appropriate, the entire facility shall be enclosed within a security fence and access gate.
(8)
The height of security fences and access gates shall not exceed eight feet. Barbed wire fences are not permitted except in cases where it is demonstrated to the satisfaction of the board of jurisdiction that barbed wire fencing is required for security purposes. In such cases the total height of the fence and access gates including barbed wire shall not exceed eight feet. Approval of barbed wire fencing for solar facilities is at the discretion of the board of jurisdiction.
(e)
Maintenance plan shall be submitted by the applicant for the continuing maintenance of all required plantings, including a schedule of specific maintenance activities to be conducted. A maintenance plan narrative shall also be included on the site plans in note form. Maintenance of the required landscaping and fencing shall be a continuing condition of any approval that may be granted. A cost estimate for required plantings shall be presented as part of any application and a five-year maintenance bond approved by the township engineer shall be a condition of approval. The maintenance plan shall be environmentally responsible.
(f)
All ground areas occupied by a major solar or photovoltaic energy facility or structure installation that are not utilized for access to operate and maintain the installation shall be planted and maintained with shade tolerant grasses for the purpose of soil erosion control and soil stabilization.
3.
Decommissioning plan. All applications for a major solar energy system shall be accompanied by a decommissioning plan to be implemented upon abandonment, or cessation of activity, or in conjunction with removal of major solar energy systems. The decommissioning plan shall be submitted in accordance with the requirements of this section. The decommissioning plan shall also be documented on the site plans in note form. Prior to removal of solar energy systems a demolition permit for removal activities shall be obtained from the Wantage Township construction official. Prior to issuance of a demolition permit, the owner or operator of the facility shall post a performance bond to ensure removal of the facility or systems in accordance with the decommissioning plan. Disconnection of solar energy systems shall be supervised by an electrician licensed in the State of New Jersey. The zoning official shall be responsible for compliance with the decommissioning plan.
(a)
Solar and photovoltaic energy facilities and structures which have not been in active and continuous service for a period of 18 months shall be removed from the property to a place of safe and legal disposal in accordance with a decommissioning plan. In order for the facility to maintain its status as an operating solar farm, an annual report shall be submitted to the township zoning official stating the amount of electricity generated by the facility in the previous year and the number of days the facility was operational.
(b)
If the applicant ceases operation of the energy facility for 18 months; or begins, but does not complete, construction of the project within 18 months of receipt of final site plan approval, the applicant shall restore the site according to a decommissioning plan prepared by the applicant and approved by the board. The applicant shall submit a decommissioning plan that ensures that the site will be restored to a useful, non-hazardous condition without significant delay, including but not limited to the following:
(1)
Removal of aboveground and underground equipment, structures and foundations. The plan shall describe the means by which all equipment and components of the system(s) shall be disposed of in an environmentally responsible manner and in accordance with prevailing Federal, State and local regulations.
(2)
Restoration of the surface grade and soil after removal of aboveground structures and equipment.
(3)
Revegetation of restored soil areas with native seed mixes, plant species suitable to the area, which shall not include any invasive species. In farmland areas, the revegetation component of the decommissioning plan may include provisions to resume agricultural use of the site.
(4)
The plan must provide for the protection of public health and safety and for protection of the environment and natural resources during site restoration. The decommissioning of all solar energy generation facilities shall be done in accordance with a conservation plan designed to address the impacts of the decommissioning process.
(5)
The plan must include a timeline for completion of site restoration work.
(c)
A cost estimate shall be provided for the cost of fully implementing the decommissioning plan prior to the issuance of a demolition permit. The cost estimate shall be subject to review and approval by the township engineer.
(d)
Before beginning any decommissioning activities, the applicant must submit a performance bond in a form and amount satisfactory to the township attorney, which shall be based upon an estimate approved by the township engineer, assuring the availability of adequate funds to remove the solar infrastructure and restore the site to a useful, non- hazardous condition in accordance with the decommissioning plan.
(e)
Upon cessation of activity for a cumulative period of 18 months of construction or installation activities of an approved major solar energy system, the township shall notify the owner and/or the operator of the facility to complete construction and installation of the facility. If the owner and/or operator fail to complete construction and installation activities within 180 additional days, the township may order the owner and/or operator of the facility to implement the decommissioning plan. Within 180 days of notice being served, the owner and/or or operator shall substantially complete all activities in the decommissioning plan.
(f)
Upon cessation of activity of a fully constructed major solar energy system for a cumulative period of one year, the township shall notify the owner and/or the operator of the facility to implement the decommissioning plan. The township zoning official shall be responsible for enforcement. Within 180 days of notice being served, the owner and/or operator shall either resume energy generation to at least 80% capacity of the facility or system as established at the time of approval, or fully implement the decommissioning plan. If, within 180 days of receipt of notice, the owner and/or operator of the facility or system fail to resume energy generation to at least 80% of capacity of the facility or system as established at the time of approval, the township shall order the owner and/or operator of the facility to implement the decommissioning plan.
(g)
If the operator fails to fully implement the decommissioning plan subject to the procedures and timelines set forth in paragraphs (e) and (f) above, or is otherwise unable to restore the site as required within 180 days of the township's service of notice in accordance with this section, the township may, at its own expense, provide for the restoration of the site in accordance with the decommissioning plan and may in accordance with the law recover all expenses incurred for such activities from the defaulted operator and/or the property owner. The costs incurred by the municipality shall be assessed against the property, shall become a lien and tax upon the said property, shall be added to and be a part of the taxes to be levied and assessed thereon, and enforced and collected with interest by the same officers and in the same manner as other taxes.