Weymouth City Zoning Code
ARTICLE IXA
Sustainable Energy Accessory Use Systems
[Added 5-16-2018 by Ord. No. 561-2018]
§ 155-153.1 Purpose; definitions; permitted systems.
A.
Purpose. The purpose of this article is to promote the safe, effective and efficient use of small wind energy systems and solar energy systems to reduce the on-site consumption of utility-supplied electricity.
(1)
The following apply:
(a)
Wind and solar energy are abundant, renewable, and nonpolluting energy resources.
(b)
Converting wind and solar rays to electricity will reduce our dependence on nonrenewable energy resources, and decrease air and water pollution that results from the use of conventional energy sources.
(c)
Distributed small wind energy systems will also enhance the reliability and power quality of the power grid, reduce peak power demands, and help diversify the state's energy supply portfolio.
(d)
Small wind energy systems and solar energy systems make the electricity supply market more competitive by promoting customer choice.
(2)
The Municipal Land Use Law provides that part of the intent and purpose of the Act is to promote the utilization of renewable energy resources (N.J.S.A. 40:55D-2n).
B.
Definitions. As used in this article, the following terms shall have the meanings indicated:
SMALL WIND ENERGY SYSTEM
A wind energy system, as defined herein, that is used to generate electricity, and has a nameplate capacity of 100 kilowatts or less.
SOLAR ENERGY SYSTEM
A solar energy system, and all associated equipment, which converts solar energy into a usable electrical energy, heats water or produces hot air or other similar function through the use of solar panels.
SOLAR PANEL
A structure containing one or more receptive cells, the purpose of which is to convert solar energy into usable electrical energy by way of a solar energy system.
WIND ENERGY SYSTEM
A wind turbine and all associated equipment, including any base, blade, foundation, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or other component necessary to fully utilize the wind generator.
WIND TURBINE
Equipment that converts energy from the wind into electricity. This term includes the rotor, blades and associated mechanical and electrical conversion components necessary to generate, store and/or transfer energy.
C.
Permitted sustainable energy accessory use systems.
(1)
Small wind energy systems and solar energy systems.
(a)
The primary purpose of a wind or 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 time to time from a wind or solar energy system designed to meet the energy needs of the principal use. For the purposes of this article, the sale of excess power shall be limited so that in no event an energy system is generating more energy for sale than what is otherwise necessary to power the principal use on the property.
(b)
Wind and solar energy systems shall only be permitted as an accessory use on the same lot as the principal use. All energy systems require approval from the Zoning Officer and construction office prior to installation. Applications for an energy system shall include information demonstrating compliance with the provisions of this article. In the event that the Zoning Officer or construction office does not believe the provisions of this article will be satisfied, an applicant may request a variance.
(c)
All applications for wind energy systems shall be presented to the Zoning Officer for administrative approval, and, in the event of a potential variance, all correlating applications shall be presented to the Zoning Officer prior to submittal to the Land Use Board.
(2)
Small wind energy systems.
(a)
Wind turbines are permitted in residential districts, excluding the PFA-MH district, and the Forest Preservation Area subject to the following requirements:
[1]
Minimum lot size: one acre, provided the lot size provides the ability of the wind turbine system to conform to the height requirements below.
[2]
Minimum setbacks. All wind turbines shall be set back from all property lines a distance equal to 120% of the height of the structure, including the blades.
[3]
Wind turbines shall not be permitted in any front yard.
[4]
Maximum height. Freestanding wind turbines shall not exceed a height of 80 feet on lots between one acre and three acres. On lots of three acres or more, a maximum height of 150 feet is permitted. The maximum height shall include the height of the wind turbine blades at their highest point.
[5]
No more than one wind turbine shall be permitted per property.
[6]
Wind turbines shall not be permitted as a rooftop installation.
[7]
Wind turbines on residential properties shall have a nameplate capacity of 10 kilowatts or less.
(b)
Wind turbines shall be permitted in a nonresidential zoning district subject to the bulk requirements for that district and the following:
[1]
Minimum setbacks. All wind turbines shall be set back from all property lines a distance equal to 120% of the height of the structure, including the blades.
[2]
Maximum height. The maximum height for a wind turbine shall not exceed 150 feet, including the height of the blades, at its highest point.
[3]
Wind turbines shall not be permitted in a front yard.
[4]
No more than one wind turbine shall be permitted per property.
[5]
Wind turbines shall not be permitted as a rooftop installation.
(c)
Noise. All wind energy systems shall comply with the following:
[1]
In a residential use or zone, sound levels of the wind energy system shall not exceed 55 dBA at a common property line or 50 dBA at the closest occupied structure.
[2]
In all other cases at a common property line, sound levels of the wind energy system shall not exceed 65 dBA.
[3]
These levels may be exceeded during short-term events such as utility outages and/or severe windstorms.
(d)
Wind turbines shall be designed with an automatic brake or other similar device to prevent overspeeding and excessive pressure on the tower structure.
(e)
Wind energy systems shall not be artificially lighted, except to the extent required by the FAA or other applicable authority.
(f)
All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.
(g)
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.
(h)
All moving parts of the wind energy system shall be a minimum of 10 feet above ground level.
(i)
The blades on the wind energy system shall be constructed of a corrosion-resistant material.
(j)
All guy wires or any part of the wind energy system shall be located on the same lot as the energy system.
(3)
Solar energy systems.
(a)
Solar panels shall be permitted as a rooftop installation in any zoning district. The solar panels shall not exceed a height of eight inches from the rooftop. In no event shall the placement of the solar panels result in a total height, including building and panels, which is more than that which is permitted for the principal building in the zoning district in which said solar panels are located.
(b)
Solar panels shall be permitted as ground arrays in any district with the exception of the PFA-MH in accordance with the following:
[1]
All ground arrays shall be set back 20 feet from the side and rear yard property lines in all zones (except the PFA-MH zone where ground-mounted solar arrays are not permitted).
[2]
Ground arrays shall not be permitted in a front yard.
[3]
Ground arrays shall be located so that any glare is directed away from an adjoining property.
[4]
Ground arrays shall not exceed a height of 10 feet.
(4)
Wind and solar energy systems shall not be used for displaying any advertising except for reasonable identification of the manufacturer or other operator of the system. In no case shall any identification be visible from a property line.
(5)
The design of wind or 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.
(6)
All applications for a wind or solar energy system shall conform to the provisions of the Zoning Ordinance with respect to tree removal. For the purposes of this article, tree removal shall be permitted as detailed under the proper section of the Zoning Ordinance. Any trees to be removed in excess of that permitted under this chapter shall be accompanied by a plan demonstrating the need to remove the trees and replacement of the trees in accordance with the provisions of this chapter. An applicant shall locate a wind or solar energy system so that tree removal is not required to the extent practical.
(7)
The installation of a wind or solar energy system shall conform to the National Electric Code as adopted by the New Jersey Department of Community Affairs.
(8)
The installation of a wind or solar energy system is subject to all Atlantic City Electric Company requirements for interconnection.
(9)
The provisions of this chapter shall not apply to wind and solar energy systems with regard to height. Wind and solar energy systems shall conform to the height restrictions provided in this subsection.
(10)
Abandonment.
(a)
A small wind energy system or solar energy system that 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 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.
(d)
When an owner of a wind or solar energy system has been notified to remove same and has not done so six months after receiving said notice, then the Township 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 landscaped to blend with the existing surrounding vegetation at the time of abandonment.