[Added 3-24-2010 by Ord. No. 10-2010]
This article may be referred to as the "Solar Energy System
Ordinance."
This article is adopted pursuant to Township of Washington authority.
A.
The primary
purpose of a 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
for resale.
B.
Solar
energy systems shall only be permitted as an accessory use on the
same lot as the principal use. All solar energy systems require approval
from the Zoning Officer and the local Construction Office and/or Official
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 and/or file a variance application from the Township's
Land Development Ordinance, as amended, as applicable.
C.
Applicability
of article. This article shall apply to systems intended for the provision
of the electrical or mechanical power needs of the owner/operator
of the system and/or property situated with the solar energy systems.
Said approval shall cover the location of the system as shown on the
plan submitted as part of the application for approval. For systems
intended for uses other than the ones stated, the Township's Planning
Board or Zoning Board approvals shall be required. Any solar energy
system's installation not meeting the requirements or contents of
this article shall submit a variance plan to the applicable Planning
or Zoning Board for consideration.
As used in this article, the following terms shall have the
meanings indicated:
The Township of Washington Zoning Officer.
The solar energy systems and all associated equipment shall
remain painted or finished in the color or finish that was originally
applied by the manufacturer, unless a different color or finish is
approved by the administrator. It is recommended that colors and finishes
match the surroundings of the installation, to the extent reasonably
possible; however, this specification is not a requirement.
The Township of Washington Planning Board and/or Zoning Board
or other authority having jurisdiction.
The New Jersey Department of Community Affairs and, by extension,
shall include the individual divisions and/or offices within NJDCA.
The individual, entity and/or property owner that intends
to own and operate the solar energy systems in accordance with this
article. Should the property owner be different than the owner or
entity who intends to own and operate the solar energy systems, the
property owner shall provide written consent and provide same at time
of application for approval.
A renewable energy system, as defined in this section, that
converts solar energy into a usable electrical energy, heats water
or produces hot air or similar function through the use of solar collectors
which:
Is used to generate electricity; and
Has a nameplate capacity of 100 kilowatts or less;
Has solar panels and/or generators and all associated equipment,
including any base, foundation, structural support, wire(s), batteries
or other components necessary to fully utilize the solar generator.
In relation to a solar energy system, the vertical distance
from the ground to the maximum height of the apparatus and all associated
equipment of the solar energy system at its highest point.
The NJDCA-authorized Construction Official, the place of
business and as officially designated by the Township of Washington
to review and approve applications under applicable codes of construction
under authority of the State of New Jersey. The Washington Township
Construction Office by definition includes its successors and assigns,
and/or as designated by the Township of Washington and/or state authority.
A.
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 surface of the rooftop. In no event shall the placement
of the solar panels result in a total height including building and
panels greater than one foot to what is permitted in the zoning district
in which they are located for the principal building. Panels installed
in a rooftop configuration must be installed within the actual boundaries
or edges of the roof area and cannot overhang any portion of the edge
of roof.
(b)
Solar panels installed in a rooftop configuration may be installed
on any portion of the roof area, provided it complies with all other
portions of this chapter.
[Amended 5-25-2022 by Ord. No. 11-2022]
(2)
Ground-mounted
solar panel installations.
(a)
Solar panels may be installed on a ground-mounted apparatus only
on lots with a minimum lot size of three acres.
(b)
A buffer of 200 feet is required between any ground-mounted solar
panel apparatus and the lot's property line.
(c)
Appropriate landscape screening must be placed to buffer the visual
impact of any ground-mounted solar panel apparatus.
(3)
Other solar panel installations. Any solar panels and/or arrays mounted on a pole, tower and/or ground-mounted apparatus not meeting the requirements of Subsection A(2), above, are prohibited under this article. Such application is required to be reviewed by applicable the Planning or Zoning Board(s).
B.
The design
of solar energy systems shall, to the extent reasonably possible,
including rooftop installations, use materials, colors, textures,
screening and landscaping that will blend into the natural setting
and existing environment.
C.
Rooftop
installations must not interfere with any operation of plumbing fixtures
protruding from the rooftop level as required by the New Jersey Plumbing
Codes.
D.
Signs. There shall be no signs that are visible from any public road posted on a solar energy system or any associated building, except for the manufacturer's or installer's identification in accordance with Subsection E below, appropriate warning signs, or owner identification. Solar energy systems shall not be used for displaying any advertising except for small and reasonable identification of the manufacturer or operator of the system. In no case shall any identification sign be visible from a property line.
E.
Utility
notifications and interconnection. Solar systems that connect to the
electric utility shall comply with New Jersey's Net Metering and Interconnection
Standards for Class I Renewable Energy Systems at N.J.A.C. 14:4-9.
(1)
Labeling
requirements.
(a)
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 on the interconnection cabinet
of the solar energy system:
(b)
Should the solar energy system interconnection cabinet be located
on the inside of a structure, a sign notifying the existence of a
solar energy system shall be placed on the outside of the building,
near the electrical and/or gas meter, in order to notify emergency
personnel of the solar energy system.
(2)
Utility
company notification. The Atlantic City Electric Company, its successors
and assigns, and/or as designated by state authority, shall be notified
in writing of any proposed interface to the company's grid prior to
installing such interface and shall conform to any legislated requirements
governing installations of solar energy systems so as to comply with
the utility tariff specifications. Evidence of such notification shall
be submitted at time of application for a zoning permit and/or building
permit.
F.
Standards
for and regulation of solar energy system.
(1)
Construction.
Solar energy system construction shall be in accordance with the appropriate
sections of the Basic Building Code as adopted and as currently amended,
by the State of New Jersey, and any future amendments and/or revisions
to same.
(2)
The
installation of a solar energy system shall conform to the National
Electric Code as adopted by the NJDCA and/or any other applicable
agency with jurisdiction. The installation of a solar energy system
is subject to any and all Atlantic City Electric Company requirements
for interconnection, its successors and assigns, and/or as designated
by state authority, in perpetuity.
(3)
The
structural design of any solar energy system 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.
(4)
Utility
company notification. The Atlantic City Electric Company, its successors
and assigns, and/or as designated by state authority, shall be notified
in writing of any proposed interface with that company's grid prior
to installing such interface and shall conform to any legislated requirements
governing installations of solar energy conversion systems so as to
comply with the utility tariff specifications. A copy of said notification
shall be submitted at time of application.
(5)
The
property owner and/or installer of the solar panel installation must
receive approvals from any outside agencies having jurisdiction over
the project prior to the installation.
G.
Miscellaneous.
(1)
All
electric lines/utility wires shall be buried underground, as applicable
and by applicable regulation and/or Code. All electric lines/utility
wires leading down the side of the structure from rooftop installations
shall be placed and tacked as aesthetically as possible.
(2)
When
a building or cabinet is necessary for storage cells or related mechanical
equipment, it must be documented as to the necessity. The building
may not exceed 120 square feet in area nor eight feet in height and
must be located at least the number of feet equal to the accessory
building setback requirements of the zoning district from any property
line. Any mechanical equipment associated with and necessary for operation,
including any building or cabinet for batteries and storage cells,
shall be equipped with a lock and posted with a small sign notifying
the existence of solar energy system batteries and storage cells on
the outside of the building or cabinet, in order to notify emergency
personnel.
(3)
A
solar energy system shall not add, contribute to or be calculated
to cause an increase in the "building coverage of all buildings" requirement
and/or maximum lot impervious surface(s) coverage of any lot, parcel
and/or property.
(4)
Any
approval of a solar energy system does not create any actual or inferred
solar energy system easement against adjacent property and/or structures.
The owner and/or property owner of a solar energy system shall not
infer or claim any rights to protective writs to any caused shadows
or operating ineffectiveness against future development adjacent to
or higher than the property location of the solar energy system. The
approval of any solar energy system granted by the Township of Washington
under this article shall not create any future liability or infer
any vested rights to the owner and/or property owner of the solar
energy system on the part of the Township of Washington or by any
other officer or employee thereof for any future claims against said
issuance of approval of the solar energy system that result from reliance
on this article or any administrative decision lawfully made thereunder.
A.
Permit.
A zoning and building permit shall be required for the installation
of a solar energy system. An owner shall submit an application for
a zoning permit to the administrator. A building permit shall be applied
for at the Washington Township Construction Office, as a separate
application.
B.
Documents.
(1)
The zoning and building permit applications for the installation of a rooftop solar energy system shall be accompanied by a true copy of the current deed to the property, a current utility bill showing the current owner's name and information depicting the items in Subsection B(1)(b), (c), (f), and (g), below, or a survey no more than 10 years old at the time of application depicting the items in Subsection B(1)(b), (c), (f), and (g), below. For all other solar energy systems, a property survey which shall be no more than 10 years old at the time of application, which shall depict the proposed solar energy system and include all of the following:
[Amended 3-13-2019 by Ord. No. 6-2019; 9-14-2022 by Ord. No. 16-2022]
(a)
Property lines and physical dimensions of the property.
(b)
Location, dimension (including height) and types of existing major
structures on the property.
(c)
Location, dimension, and type of the proposed energy system.
(d)
The right-of-way of any public road that is contiguous with the property.
(e)
Any overhead utility lines.
(f)
Manufacturer solar energy system specification/cut sheets certified
by a licensed New Jersey Engineer, including manufacturer and model.
(g)
Notification of utility company for interconnection purposes.
(2)
The
documents and plans shall contain enough information and accurately
depict the installation of the solar energy system for the Township
of Washington to make a formal decision on the application. The amount
of information and accuracy of information shall be in the sole judgment
of the administrator and/or Washington Township Construction Office.
E.
The Administrator
shall issue a zoning permit or deny the application within 10 days
of the date on which the application is received pursuant to the New
Jersey MLUL.
F.
If the
zoning permit application is approved, the administrator will return
one signed copy of the application with the zoning permit and retain
the other copy with the application.
G.
If the
zoning permit application is rejected, the administrator will notify
the applicant in writing and provide a written statement of the reason
why the application was rejected. The applicant may appeal the administrator's
decision pursuant to the appropriate appeal authority. The applicant
may reapply if the deficiencies specified by the administrator are
resolved. Denials by the administrator shall be directed to the Zoning
Board by variance application consistent with Municipal Land Use Law.
H.
Applications
for applicable permits from the Washington Township Construction Office
shall follow the applicable time limits and procedures of the Washington
Township Construction Office.
A.
This
article shall be administered by the administrator or other Township
of Washington official as designated.
B.
The administrator
may enter any property for which a permit application has been applied
for and/or permit been issued under this article to conduct an inspection
to determine whether the conditions stated in the permit have been
met.
C.
At the
discretion of the administrator and/or Washington Township Construction
Office from which a zoning, building and/or electrical permit was
obtained, as applicable, the Township reserves the right to require
the applicant to obtain and submit an "as-built" survey upon completion
of the solar energy system evidencing the exact location and height
of the structures to ensure said installation is made in accordance
with the requirements of the Township of Washington.
D.
The administrator
may issue orders to abate any violation of this article. The administrator
may issue a citation for any violation of this article.
E.
The administrator
may refer any violation of this article to Township of Washington
legal counsel for enforcement.
A.
It is
unlawful for any person to construct, install, or operate a solar
energy system that is not in compliance with this article.
B.
Solar
energy systems installed prior to the adoption of this article are
exempt from the requirements of this article.
C.
Any person
who fails to comply with any provision of this article shall be subject
to enforcement and penalties as stipulated in this chapter and article.
D.
Nothing
in this section shall be construed to prevent the Township Council
and/or administrative officers of the Township of Washington from
using any other lawful means to enforce this article.