[Added 5-12-2011 by Ord. No. 2011-9]
This article shall be known as the "Small Wind Energy System
Ordinance."
The purpose of this article is to:
In this article, the following terms shall have the meanings
indicated:
The Township of Ocean Zoning Officer.
The Township of Ocean Planning Board.
The state-licensed Code Enforcement Official appointed by
the Township of Ocean who is responsible for administering the New
Jersey State Uniform Construction Code Act.[1]
A structure designed to support the gathering of wind energy
resource data, and includes the tower, base plate, anchors, guy cables
and hardware, anemometers (wind speed indicators), wind direction
vanes, booms to hold equipment anemometers and vanes, data logger,
instrument wiring, and any telemetry devices that are used to monitor
or transmit wind speed and wind flow characteristics over a period
of time for either instantaneous wind information or to characterize
the wind resource at a given location.
The individual or entity that intends to own and operate
the small wind energy system in accordance with this article. The
individual or entity shall also have a proprietary interest in the
land upon which the small wind energy system is proposed to be located.
The cross-sectional dimension of the circle swept by the
rotating blades of a wind-powered energy generator.
A wind energy system, as defined in this section, that:
In relation to a wind energy system, the vertical distance
measured from the average elevation of the finished grade to the tip
of a wind generator blade when the tip is at its highest point.
A monopole, freestanding, or guyed structure that supports
a wind generator.
A wind generator and all associated equipment, including
any base, blade, foundation, nacelle, rotor, tower, transformer, vane,
wire, inverter, batteries and/or other component necessary to fully
utilize the wind generator.
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.
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
Small wind energy systems shall be an accessory use in all zoning
districts subject to the following requirements:
A.
Small wind energy systems.
(1)
Setbacks. A wind tower for a small wind energy system shall
be set back from all property lines a distance equal to 150% of the
height of the structure including the rotor blade tips. No portion
of the wind generator shall extend beyond the required setback line,
nor into the following:
(a)
Any public or private right-of-way, easement or leasehold, unless
written permission is granted by the government entity or private
party with jurisdiction over said area;
(b)
Any overhead utility lines, or aerial easement for same, unless
written permission is granted by the utility or entity that owns and/or
controls the lines.
(2)
Wind turbines shall not be permitted in any front yard.
(4)
Wind turbines on residential properties shall have a nameplate
capacity of 10 kilowatts or less.
(5)
No more than one wind turbine shall be permitted per residential
property.
(6)
Wind turbines shall be designed with an automatic brake or other
similar device to prevent over-speeding and excessive pressure on
the tower structure.
(7)
Access.
(a)
All ground-mounted electrical and control equipment shall be
labeled and secured to prevent unauthorized access.
(b)
The tower shall be designed and installed so as not to provide
step bolts, a ladder, rungs or other publicly accessible means of
climbing the tower, for a minimum height of eight feet above the ground
elevation.
(8)
Electrical wires. All electrical wires associated with a small
wind energy system shall be located underground when practicable.
All wires not located underground, including but not limited to wires
necessary to connect the wind generator to the tower wiring, the tower
wiring to the disconnect junction box and the grounding wires, shall
be contained within an appropriate conduit suitable for same.
(9)
Lighting. A small wind energy system shall not be artificially
light unless such lighting is required by the Federal Aviation Administration.
(10)
Appearance, color, and finish. The wind generator and the tower
shall remain painted or finished in the color or finish that was originally
applied by the manufacturer, unless a different color of finish is
approved in the building permit.
(11)
Signage. There shall be no signs that are visible from any public
road posted on a small wind generator system or any associated building,
except for the manufacturers or installer's identification, appropriate
warning signs, or owner identification.
(12)
Code compliance. A small wind energy system shall comply with
all applicable construction and electrical codes, and the National
Electrical Code.
(13)
Utility notification and interconnection. Small wind energy
systems that connect to the electric utility shall comply with the
New Jersey's Net Metering and Interconnection Standards for Class
I Renewable Energy Systems as established by N.J.A.C. 14:4-9.
(14)
Met towers. A met tower shall be permitted under the same standards,
permit requirements, restoration requirements and permit procedures
as a small wind energy system.
(15)
Noise. The sound levels of the wind energy system shall not
exceed 55 dBA at a common property line. These levels may be exceeded
during short-term events such as utility outages and/or severe windstorms.
A.
Permits. An owner shall be required to make application for and obtain
minor site plan approval from the Ocean Township Planning Board prior
to erecting any small wind energy system contemplated under this article.
Said application shall be made in accordance with the procedures and
requirements of land use ordinances in effect for the Township of
Ocean and the Municipal Land Use Law, N.J.S.A. 40:55D-1. A building
permit shall also be required for the installation of a small wind
energy system.
B.
Documents. In addition to any requirements of the Ocean Township
land use ordinances and application procedures, the zoning application
shall be accompanied by a plot plan which includes the following:
(1)
Property lines and physical dimensions of the property;
(2)
Location, dimensions, and types of existing principal and accessory
structures on the property;
(3)
Location of the proposed small wind energy system;
(4)
The right-of-way delineation of any public road that is contiguous
with the property;
(5)
Any overhead utility lines;
(6)
Easements;
(7)
Small wind energy system specifications, including manufacturer
and model, rotor diameter, tower height, tower type (freestanding
or guyed); arrays, cells, etc.;
(8)
Detailed tower and foundation drawings, stamped and sealed by
a New Jersey licensed professional engineer;
(9)
A map of the 200 foot area surrounding the subject property,
showing all affected lands and structures;
C.
Fees. The fees for the small wind energy system minor site plan shall be in accordance with Chapter 209, Land Use Procedures, of the Code of the Township of Ocean.
D.
Expiration. Any minor site plan or other approval issued pursuant
to this article shall expire if:
A.
A small wind energy system that is out of service for a continuous
twelve-month period will be deemed to have been abandoned.
B.
The Administrator may issue a notice of abandonment to the owner
of a small wind energy system that is deemed to have been abandoned.
The notice shall be sent via regular mail and certified mail return
receipt requested to the owner of record as it appears on building
permit and, if different, the current tax duplicate of the Township.
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 satisfactorily demonstrates
to the Administrator that the small wind or solar energy system has
not been abandoned, the Administrator shall withdraw the notice of
abandonment and notify the owner that the notice has been withdrawn.
E.
If the Administrator determines that the small wind energy system
has been abandoned, the owner of the small wind energy system shall
remove the energy system from the property to a place of safe and
legal disposal at the owner's sole expense within six months after
the owner receives the notice of abandonment.
F.
If the owner fails to remove the energy system in the time allowed under Subsection E above, the Administrator may pursue any legal remedies available to have the energy system removed at the owner's expense, including costs of litigation and reasonable attorney's fees.
G.
The former wind energy site shall be restored to its natural or prior
condition within six months of the removal from the property.
No building permit shall be issued for a small wind energy system
without prior minor site plan approval from the Ocean Township Planning
Board.
A.
It is unlawful for any person to construct, install, or operate a
small wind energy system that is not in compliance with this article
or with any condition contained in a building permit issued pursuant
to this article.
A.
This article shall be administered by the Administrator or other
official as designated.
B.
The Administrator and/or Construction Official may enter any property
for which a building permit has been issued under this article to
conduct an inspection to determine whether the conditions stated in
the permit have been met.
C.
The Administrator and/or Construction Official may direct the Township
Code Enforcement Officer to issue orders to abate any violation of
this article.
D.
The Administrator and/or Construction Official may direct the Township
Code Enforcement Officer to issue a citation for any violation of
this article.
E.
The Administrator may refer any violation of this article to the
Township Attorney for enforcement.
A.
Any person, partnership, firm or corporation who fails to comply
with any provision of this article or a building permit issued pursuant
to this article shall be subject to enforcement and penalties and
upon conviction be subject to a fine of up to $500 or up to 30 days
imprisonment, or both.
B.
Nothing in this section shall be construed to prevent the Township
of Ocean from using any other lawful means to enforce this article.
