Woodland Park City Zoning Code
§ 22-25
SOLAR ENERGY SYSTEMS.
a.
Purpose and intent.
1.
Purpose. 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 sale purposes, although this provision shall not be interpreted to prohibit the sale of excess power generated from time to time from a solar energy system designed to meet the energy needs of the principal use on the property. 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 on the property.
2.
Accessory use. Solar energy systems are permitted only as an accessory use on the same lot as the principal use. All applications shall demonstrate that the wind velocity and conditions at the proposed location will be suitable for the generation of electricity. All energy systems require approval from the Zoning Officer and Construction Official prior to installation. All applications for an energy system shall include appropriate information demonstrating compliance with this chapter, including a record of the electric usage for the principal use on the property for the previous year. In the event that the Zoning Officer or Construction Official does not agree that the provisions of this chapter will be satisfied, an applicant may apply to the Zoning Board of Adjustment for an interpretation or variance as necessary.
b.
Definitions.
SOLAR ENERGY SYSTEM
Solar panels and all associated equipment that collect, store and distribute solar energy for heating, cooling or electricity generating.
SOLAR PANEL
A structure containing one or more receptive cells, the purpose of which is to convert solar energy into usable electrical energy through the use of solar panels.
c.
Bulk standards and regulations.
1.
Rooftop solar systems.
(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. The height of the solar panels shall not be included in any calculations for total building height.
(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)
A clearly marked manual shut-off switch for the electricity from the solar panels shall be installed in close proximity to the meter on the exterior of the principal structure.
(d)
An official National Electric Code (N.E.C.) placard, stating there are solar panels on the principal structure, shall be placed near the front entrance of the structure.
2.
Ground-mount solar panel systems.
(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 to minimize any glare towards an adjoining property.
(d)
Ground arrays shall not exceed a height of 15 feet.
(e)
Ground arrays shall not be permitted on any lot that is 0.5 acre or less.
(f)
A ground array system shall not add, contribute to or be calculated to cause an increase in impervious coverage for the purposes of conforming to zone standards.
(g)
A clearly marked shut-off switch for the electricity from the solar panels shall be installed in close proximity to the meter on the exterior of the principal structure.
(h)
Ground arrays shall be screened and/or landscaped to shield the system when viewed from the street and/or adjacent properties.
(1)
Where natural evergreen or dense deciduous screening is already in existence, no additional screening shall be required between the property line(s) and the ground arrays.
(2)
Screening is not required between the ground array and the principal structure located on the same lot as the array if it is completely shielded from the front, rear and side property lines.
3.
The provisions in this subsection do not apply to the installation of decorative solar pathway lights that do not provide power for another use or structure.
4.
All solar energy systems shall meet all National Electric Code (N.E.C.) requirements.
d.
Requirements for Solar Energy Systems.
1.
Solar energy systems shall not be used for displaying or advertising except for the labeling information noted in paragraph d6 below.
2.
The design of 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.
The solar energy system shall be located so that tree removal is not required to the extent reasonably possible.
4.
All electric lines and utility wires shall be installed underground.
5.
The installation of a solar energy system shall conform to the requirements of the electric utility company for interconnection as the case may dictate.
6.
A minimum of one sign shall be posted near ground level on the interconnection cabinet warning of high voltage. In addition, the following information shall be posted on a label or labels installed at the site:
(a)
The maximum power output of the system.
(b)
Nominal voltage and maximum current.
(c)
Manufacturer's or installer's name, address and telephone number, and the serial number and model number of the equipment.
(d)
Emergency and normal shutdown procedures.
7.
Systems that connect to the electric utility shall comply with the New Jersey net metering and interconnection standards for Class I renewable energy systems at N.J.A.C. 14:8-7.
8.
A solar energy system that is out of service for a continuous twelve-month period shall be deemed to have been abandoned.
(a)
The Zoning Officer may 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.
(b)
Any abandoned system shall be removed at the owner's sole expense within six months of the date on the notice of abandonment from the Zoning Officer. Prior to removal, the owner shall obtain a demolition permit from the Construction Official. Upon removal, the site shall be cleaned, restored and landscaped to blend with the existing surrounding vegetation at the time of the removal.
(c)
The Zoning Officer may issue a summons to the owner for failure to remove the abandoned system as requested in the notice of abandonment.
(d)
When the owner of the solar energy system had been notified to remove same and has not removed the system within six (6) months after receiving the notice, the Township may pursue legal action to have the system removed at the owner's expense.
(e)
Solar panels removed from the site shall be deposited at a recognized solar panel recycling center. Panels that are not recycled must be disposed of in accordance with the New Jersey Department of Environmental Protection or U.S. Environmental Protection Agency requirements.
9.
A zoning permit and building permit shall be required for the installation of a solar energy system. Documents required for a zoning permit shall include the following:
(a)
Property survey.
(b)
Location, dimensions (including height) of existing major structures on the property.
(c)
Location, dimensions and type of proposed energy system, including all structures accessory to the system.
(d)
Manufacturer's energy system specifications, including make and model.
(e)
Proof of notification to the electric utility company for interconnection purposes.
(f)
Certification from a professional engineer and/or the installation company that the proposed installation is in compliance with manufacturer's guidelines.
(g)
Other documents and plans containing enough information concerning installation of the system for the Zoning Officer to make a formal decision concerning conformance with the article standards. The amount and accuracy of information provided shall be in the judgment of the Zoning Officer.
(h)
Statement from applicant that installation will comply with all environmental guidelines.
(i)
Application shall include a current photograph of the site where the proposed system is to be installed.
10.
No solar energy system shall be permitted on any government-designated historical zone or structure.
11.
If a paragraph, subdivision, clause or provision of this section shall be judged invalid, such adjudication shall apply only to that paragraph, subdivision, clause or provision, and the remainder of this section shall be deemed valid and effective.
e.
Violations and penalties.
1.
It is unlawful for any person to construct, install, or operate a solar energy system that is not in compliance with this section or with any condition contained in a building permit issued pursuant to this § 22-25.
(a)
Maximum penalty. For violation of any provision of this § 22-25, the maximum penalty, upon conviction, shall be one or more of the following: a fine not exceeding $2,000 or imprisonment for a period not exceeding 90 days, or a period of community service not exceeding 90 days, at the discretion of the Municipal Court Judge.
(b)
Separate violations. Except as otherwise provided, each and every day in which a violation of any provision of this § 22-25 exists shall constitute a separate violation.
(c)
Lesser penalty. The maximum penalty stated in this section is not intended to state an appropriate penalty for each and every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation.
(d)
Minimum penalty. The governing body may prescribe that at least a minimum penalty shall be imposed which shall consist of a fine which may be fixed at an amount not exceeding $100.
2.
Solar energy systems installed prior to the adoption of this § 22-25 are exempt.
