Woodbine City Zoning Code
§ 26-23.7
Small Wind Energy Systems and Solar Energy Systems.
[Added 6-16-2022 by Ord. No. 606-2022]
a.
Purpose. The primary purpose of a wind or solar energy system will be to provide power for the principal use and/or permitted accessory use(s) of the property whereon said system is to be located and shall not be for the generation of power for commercial purpose, 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 and/or accessory use(s). For the purposes of this subsection, 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 and/or accessory use(s) on the property.
b.
Permitted Accessory Use. Small wind and solar energy systems shall only be permitted as an accessory structure and 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 subsection. In the event that the Zoning Officer or Construction Office does not believe the provisions of this subsection will be satisfied an applicant may request a variance.
1.
Small Wind Energy Systems.
(a)
Wind turbines are permitted in all residential, agricultural, forest and preservation districts subject to the following requirements:
(1)
Minimum lot size: One acre provided the lot size and conforms to the height requirements below.
(2)
Minimum Setbacks. All wind turbines shall be set back from all property lines a distance equal to 100% of the height of the structure including the blades, but excluding any guy wires.
(3)
Wind turbines shall not be permitted in any front yard.
(4)
Maximum Height. Freestanding wind turbines shall not exceed a height of 150 feet. The maximum height shall include the height of the blades at its 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.
(b)
Noise. All wind energy systems shall comply with the following:
(1)
Between a residential use or zoning district sound levels of the wind energy system shall not exceed 55 dBA at a common property line or 50 dBA to 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.
(c)
Wind turbines shall be designed with an automatic brake or other similar device to prevent over-speeding and excessive pressure on the tower structure.
(d)
Wind energy systems shall not be artificially lighted, except to the extent required by the FAA or other applicable authority.
(e)
All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.
(f)
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.
(g)
All moving parts of the wind energy system shall be a minimum of 10 feet above ground level.
(h)
The blades on the wind energy system shall be constructed of a corrosive resistant material.
(i)
All guy wires or any part of the wind energy system shall be located on the same lot as the energy system.
(j)
Tower construction shall be in accordance with the appropriate sections of the Uniform Construction Code as adopted by the State of New Jersey, and any future amendments and/or revisions to same.
(k)
Electromagnetic interference (EMI). Wind energy conversion system generators and alternators shall be filtered and/or shielded so as to prevent the emission of radio frequency energy which would cause any harmful interference with radio and/or television broadcasting or reception and shall comply with the provisions of Section 47 of the Federal Code of Regulations, Part 15 and subsequent revisions governing said emissions.
(l)
The structural design shall be signed and sealed by a professional engineer, licensed in the State of New Jersey, certifying that the structural design complies with all of the standards set forth for safety and stability in all applicable codes then in effect in the State of New Jersey and all sections referred to hereinabove.
(m)
The design calculations shall include a soil boring at the tower location and a soils analysis. If the soils of the site are not satisfactory for the intended construction, the plans shall be designed to eliminate or overcome the poor soil conditions.
2.
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 24 inches from the rooftop. In no event shall the placement of the solar panels result in a total height, including the building and solar panels that exceeds the maximum height permitted for the principal building in the zoning district.
(b)
Solar panels shall be permitted as ground arrays in accordance with the following:
(1)
All ground arrays shall be set back a distance of 20 feet from all property lines in a residential zoning district or in conformance with the bulk standards for accessory structures in commercial districts as provided herein.
(2)
Ground arrays shall not be permitted in a front yard.
(3)
Ground arrays shall be located so that any glare is minimized to an adjoining property.
(4)
Ground arrays shall not exceed a height of 15 feet.
c.
General Conditions.
1.
Wind and solar energy systems shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the system. In no case shall any identification be visible from a property line.
2.
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.
3.
All applications for a wind or solar energy system shall limit all clearing and soil disturbance to that which is necessary to accommodate the wind or solar energy system.
4.
An applicant shall locate a wind or solar energy system so that tree removal is not required to the extent practical.
5.
The installation of a wind or solar system shall conform to the National Electric Code as adopted by the NJ Department of Community Affairs.
6.
The installation of a wind or solar energy system is subject to all of the local power delivery company's (currently Atlantic City Electric Company's) requirements for interconnection.
7.
The provisions of subsection 26-75.1 (Exception to Height Limits) 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.
8.
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 Administrator as defined in this subsection 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)
The owner shall have the right to respond to the Notice of Abandonment within 30 days from notice receipt date.
(d)
If the owner provides information that demonstrates the small wind energy or solar energy system has not been abandoned, the Zoning Officer (Code Enforcement Officer) shall withdraw the Notice of Abandonment and notify the owner that the notice has been withdrawn.
(e)
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 Borough. If the system is not removed within the 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.
(f)
When an owner of a wind or solar energy system has been identified 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.
d.
Zoning Permit Procedures.
1.
An owner shall submit an application to the Zoning Officer for a zoning permit for a small wind zoning energy and/or solar energy system.
2.
The Zoning Official shall issue a permit or deny the application within one month as is consistent with the Municipal Land Use Law of the date on which the application is received.
3.
If the application is approved, the Zoning Officer will return one signed copy of the application with the zoning permit and retain the other copy with the application.
4.
If the application is rejected, the Zoning Officer will notify the applicant in writing and provide a written statement of the reason why the application was rejected. The applicant may appeal the Zoning Officer's decision pursuant to the appropriate appeal authority. The applicant may reapply if the deficiencies specified by the Zoning Officer are resolved.
e.
Violations.
1.
It is unlawful for any person to construct, install, or operate a small wind and/or solar energy system that is not in compliance with this subsection.
2.
Small wind and/or solar energy systems installed prior to the adoption of this subsection are exempt from the requirements of this subsection, except for the provisions regarding abandonment.
f.
Administration and Enforcement.
1.
This subsection shall be administered by the Planning/Zoning Board Secretary or other official as designated and is herein referred to as Administrator.
2.
The Administrator may enter any property for which a permit has been issued under this subsection to conduct an inspection to determine whether the conditions stated in the permit have been met.
3.
The Administrator may issue orders to abate any violation of this subsection.
4.
The Administrator may issue a citation for any violation of this subsection.
5.
The Administrator may refer any violation of this subsection to legal counsel for enforcement.
g.
Penalties.
1.
Any person who fails to comply with any provisions of this subsection shall be subject to enforcement and penalties as stipulated in the chapter and section of the appropriate Zoning Code.
2.
Nothing in this section shall be construed to prevent the Mayor and Council of the Borough of Woodbine from using any other lawful means to enforce this subsection.