[Added 5-16-2011 by Ord. No. 774-2011]
A.
Milford Borough's Common Council, in conjunction with the Milford
Borough Joint Land Use Board (the "Board"), has determined the need
to regulate the use and placement of alternative energy facilities
and related structures predicated upon the current national and regional
trends which encourage the development of renewable energy generating
systems.
B.
Milford Borough, in recognition of the State of New Jersey's recent
legislative enactment which classifies certain alternative and renewable
energy generating systems as "inherently beneficial uses" to the citizens
of this state, seeks to regulate the use and placement of alternative
energy facilities and related structures in an orderly, safe and efficient
manner in suitable areas within the Borough.
C.
Milford Borough has determined that the Borough's existing zoning
regulations do not adequately provide for the orderly use and development
of either suitable lands in the Borough of Milford for solar and photovoltaic
facilities or for structure installations for individual homeowners
and business establishments and for larger installations that are
capable of generating electrical power for the general citizenry of
the state, region, and community, and concurs with the recommendations
of the Joint Land Use Board.
D.
This article shall enable the Borough of Milford to:
(1)
Produce electric power in an environmentally sound or "green"
manner;
(2)
Create an environment that would attract, formalize and encourage
commercial renewable energy facilities while protecting the public
health and safety and promoting the general welfare of the community;
(3)
Provide a power source for the Borough facilities and perhaps
the community of power generated locally at a cost less than market
rate;
(4)
Provide an opportunity for the generation of local power that
will enhance the reliability and quality of the power grid, reduce
peak power demands, help diversify the state's energy portfolio and
reduce energy imported into the state; and
(5)
Produce energy through abundant, renewable, and nonpolluting
technologies in order to reduce the consumption of fossil fuels in
producing electricity.
As used in this article, the following terms shall have the
meanings indicated:
An electric generating facility that supplies electrical energy
production for off-premises consumption, from solar or photovoltaic
technologies, that consists of one or more solar panels and ancillary
associated buildings and structures that could include substations,
meteorological towers, electrical infrastructure, transmission lines
and other appurtenant structures and facilities. Such a facility or
structure can be a principal use, an accessory use to a permitted
principal use, or a second primary use.
Any system of fuel cells, solar or photovoltaic panels and/or
equipment used for the production of energy that is not otherwise
classified as a small-scale (minor) solar or photovoltaic energy facility
or structure herein.
A fuel cell, solar or photovoltaic panel or system of panels
for the production of energy that uses solar energy as its fuel, is
located on the beneficiary's premises, is designed and intended primarily
to offset part or all of the beneficiary's requirements for energy
consumption on site, is secondary to the beneficiary's use of the
premises for other lawful purpose(s), is intended to mitigate electrical
system improvement requirements, and generates not more than 110%
of the average annual on-site consumption of electricity or the current
state-regulated maximum electrical production as it relates to the
average annual on-site consumption of small- or minor-scale solar
systems, which shall be documented through the submission of power
company electric usage bills or another form of documentation acceptable
to the Milford Borough Zoning Officer. Installation certification
of the structural safety for the installation of the system must be
provided to the Zoning Officer or Construction Code Official, as the
case may be, to ensure that the system does not provide a hazard to
the health, safety or welfare of the community.
A.
Small-scale solar energy is permitted in all zoning districts of
the Borough.
B.
A zoning permit shall be required for the installation of small-scale
solar energy roof-mounted or ground-mounted solar panels in all cases.
All roof-mounted systems that neither exceed the permitted height
of the zone in which the system is proposed nor the roof support capacities
will not require any further approvals beyond appropriate building
permits. Additionally, ground-mounted systems that meet the accessory
setbacks in the zone in which the system is proposed will not need
further approvals beyond appropriate building permits.
C.
Height. A roof-mounted, small-scale solar energy system may be installed
on a sloped roof and/or a flat roof, provided that, in the case of
a roof-mounted system, the photovoltaic solar panels and all necessary
equipment shall not extend more than five feet above the edge of the
roofline or above the highest point of the roof surface or structure.
D.
All freestanding ground-mounted minor solar systems shall be subject
to the accessory building side, rear and front yard setbacks of the
specific zone district in which the small-scale solar energy system
is proposed or a minimum setback of 10 feet, whichever is greater.
E.
All minor solar systems are to be clearly marked at or within one
foot of the electrical meter pan.
F.
Firesafety.
(1)
All residential roof-mounted systems shall provide adequate
area on the roof for firefighters to ventilate all planes of the roof
upon which the systems are installed.
(2)
Residential solar systems shall be fitted with a safety mode
system capable of switching off the live DC current from the system,
and such switch shall clearly be marked and accessible.
(3)
Security fencing and locked gate(s) shall be erected and operational
prior to the installation of the ground energy system.
(4)
An exterior electrical disconnect shall be provided which shall
be plainly marked and identified.
G.
Performance standard; glint and glare. All solar energy panels shall
be angled such that reflection from the panels shall be orientated
away from neighboring windows and roads and shall be designed with
at least one anti-reflective layer or coating. "Glint" is defined
as a specular direct reflection of the sun, a momentary flash of light.
"Glare" is defined as a more continuous source of excessive brightness
relative to the defused lighting and is not a direct reflection of
the sun but the bright sky around the sun or the corona. Both glint
and glare should be evaluated using the reflective energy percentage
or the sunlight energy reflected off the solar panels based on the
anticipated location where the glare or glint might be expected.
B.
Site plan. A site plan is required. Additionally, the installation
of a commercial solar facility constitutes land development, and all
provisions of the applicable ordinances of the Borough of Milford
shall be met by the applicant in accordance with the New Jersey Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq.
C.
Standards. All major solar or photovoltaic energy facility or structure
installations shall comply with the following requirements:
(1)
All commercial solar facilities shall conform to at least the
minimum lot width, minimum lot depth, maximum lot coverage (defined
as building coverage) and the building setbacks of the controlling
zone district (which are here defined as the building, facility and
structure setbacks) or a minimum setback of 50 feet, whichever is
greater, unless different standards are explicitly provided for herein.
(2)
Permitted height. The maximum permitted vertical height above
ground for solar and photovoltaic energy panels and associated structures
shall be the maximum building or structure height permitted for that
zone as set forth by Borough ordinance.
(3)
Major solar or photovoltaic energy facilities and structures
shall have a minimum lot size of at least 20 acres, with the exception
that, in the Rural Residential (RR) Zone District, the minimum lot
area for a commercial solar facility shall be six acres. In the RR
Zone District, where a farmland tax assessment for an agricultural
use applies, only one of the six total acres (a one to six acre ratio)
shall be developed with solar.
(4)
No soil shall be removed from any site upon which major solar or photovoltaic energy facilities and structures are constructed. Within areas containing prime farmland [see Subsection C(4)(a) below] and farmlands of statewide significance [see Subsection C(4)(b) below], as identified by the United States Department of Agriculture (USDA) Natural Resources Conservation Service, there shall be no concrete footings constructed or used for solar or photovoltaic panel racking systems or other structures to support panels; however, concrete pads for inverters and similar equipment and concrete footings for security fencing may be constructed within areas containing these soils. Grading within prime farmland and farmlands of statewide significance shall be limited to only that necessary to construct access roads and for construction of inverter and switching equipment pads.
(a)
Prime farmlands include all those soils in Land Capability Class
I and selected soils from Land Capability Class II. Prime farmland
is land that has the best combination of physical and chemical characteristics
for producing food, feed, forage, fiber and oilseed crops and is also
available for these uses. It has the soil quality, growing season,
and moisture supply needed to economically produce sustained high
yields of crops when treated and managed according to acceptable farming
methods. Prime farmlands are not excessively erodible or saturated
with water for a long period of time, and they either do not flood
frequently or are protected from flooding.
(b)
Farmlands of statewide importance include those soils in Land Capability
Classes II and III that do not meet the criteria as prime farmland.
These soils are nearly prime farmland and economically produce high
yields of crops when treated and managed according to acceptable farming
methods. Some may produce yields as high as prime farmland if conditions
are favorable.
(5)
Except pursuant to a permit, waiver, decision or regulation
issued by New Jersey Department of Environmental Protection (NJDEP),
no portion of major solar or photovoltaic energy facilities and structures
shall occupy areas of land designated and regulated by NJDEP as floodplains,
flood hazard areas, wetlands, wetland transition areas or riparian
corridors.
(6)
Major solar or photovoltaic energy facilities and structures
shall not occupy any area beyond the required principal building setbacks
for the zone in which the facility is to be located, exclusive of
poles for the interconnection of the facility to the electrical power
grid. The minimum vegetated visual and security buffer width for major
solar or photovoltaic energy facilities or structures shall be provided
in all zones, and the minimum principal setbacks shall be increased
in any zone where the principal building setback is less than 50 feet.
In no case shall the principal building setback be less than 50 feet
such that the required twenty-five-foot minimum width vegetated visual
and security buffer shall be provided.
(7)
To the extent achievable, solar and photovoltaic energy facilities
and structures shall be sited using the natural topography to screen
the energy project from public view and the view of any adjoining
residences.
(8)
In all zoning districts, major solar and photovoltaic energy
facilities and structures shall be screened by a combination of berm(s),
landscaping and fencing. Fencing or a barrier shall be installed at
the interior edge of the berm(s) and landscaping, away from the property
line.
(9)
A vegetated visual landscape buffer and fence shall be provided
and shall not be less than 25 feet in width in all zones and located
within the fifty-foot building, facility and structure setback. The
vegetated visual and security buffer shall consist of a combination
of a landscaped berm, landscaping and a security barrier behind the
landscaping and berm.
(a)
Vegetation shall visually screen the major solar or photovoltaic
energy system from all adjoining residential uses and zones, the public
traveled way (public roads, trails, blue line waterways, scenic highways
and byways), publicly owned properties, open space, preserved farmland
and historic resources, including sites and buildings listed or eligible
for listing on the State and National Registers of Historic Places.
Vegetation shall be provided in accordance with standards set forth
herein. In addition, landscaping shall be limited to native species
of deciduous and coniferous trees and shrubs that are indigenous to
the area and shall not include invasive species. Such plantings shall
be depicted on a plan prepared by a licensed landscape architect.
(b)
Installations shall be sited behind existing vegetation, which
shall be supplemented with landscaping to screen the installation
from public view, and the landscape buffer shall work with the existing
vegetation.
(c)
A barrier or fence shall be installed on the interior edge of
the required landscape buffer away from the property line. The barrier
or fence shall secure the facility at all times, restrict access to
all electrical wiring that may be readily accessible, and be in conformance
with the Uniform Construction Code.[1] One or more access gates to the facility shall be provided.
Each access gate shall include a sign identifying the responsible
parties for operation of the major solar and photovoltaic energy facilities
and structures, for maintenance of the facility, and for maintenance
of the berm, landscaping and security fence.
(d)
All transformers and high-voltage equipment shall be situated
within a compound, which shall be enclosed within a secure perimeter
fence around the perimeter of the facility within the inside of the
landscape buffer, with an access gate, which shall remain locked at
all times. The height of the security fence and access gate surrounding
transformers and high-voltage equipment shall be eight feet in height
or as required by applicable federal and state regulation and/or local
building codes.
(e)
Prior to any disturbance of the site, the applicant shall submit
a cost estimate for the required berm and landscaping, which shall
be subject to review and approval by the Board Engineer. The approved
cost estimate shall be the basis for either a bond or cash guarantee,
which shall be subject to a development agreement and shall be posted
by the applicant prior to any site disturbance and the issuance of
construction and subcode permits.
(10)
Where it can be demonstrated to the satisfaction of the reviewing
Board that the use of natural topography and siting behind proposed
or existing vegetated areas will sufficiently screen solar and photovoltaic
energy facilities and structures from view as required herein, portions
of the required berm(s) and landscape buffer may be reduced at the
Board's discretion.
(11)
A continuous landscaped berm(s) shall be provided within the
buffer, which shall be constructed in a free-form, undulating configuration
and shall be of varying height to complement the natural landscape
and enhance the visual screening of the facility.
(a)
The berm shall have the following minimum dimensions:
[1]
The base of the berm shall be not less than 10 feet in width;
[2]
The height of the berm shall not exceed four feet above ground level;
[3]
The top of the berm shall be not less than four feet in width; and
[4]
The bottom outside edge of the berm shall be not less than five feet
from any property line.
(b)
The required landscaped berm shall include the provision of
adequate and appropriate drainage facilities, which shall be designed
such that site grading and construction shall not alter the natural
drainage patterns of stormwater originating within the property boundaries
and beyond property boundaries. A grading and drainage plan shall
be submitted which shall demonstrate that existing drainage patterns
shall be perpetuated.
(c)
A grading and drainage plan shall be submitted under the seal
of a New Jersey licensed professional engineer and shall provide the
details necessary to adequately demonstrate to the reviewing agency
engineer that no stormwater runoff or natural water shall be so diverted
as to overload existing drainage systems or create flooding or the
need for additional drainage structures on other private properties
or public lands without proper and approved provisions being made
for taking care of these conditions.
(d)
The grading and drainage plan shall show, among other things:
[1]
All existing and proposed natural and artificial drainagecourses
and other features for the control of drainage, erosion, and water
generally;
[2]
The calculated volume of water runoff from the slope and from the
lot in question, as proposed to be improved;
[3]
The existence of all natural and artificial drainagecourses and facilities
within 500 feet of the lot which are or will be used to carry or contain
the runoff from the slope and the lot; and
[4]
The effect of any increased water runoff on all adjacent properties
and any other property which will be materially affected by increased
water runoff.
(e)
Calculations shall be provided to adequately demonstrate that
existing preconstruction stormwater drainage velocities shall not
be exceeded in the post-development condition.
(12)
Major solar and photovoltaic energy facilities and structures
and alternative energy systems shall not result in creating reflective
glare for adjoining residential properties as viewed from a height
of 10 feet above ground level on adjoining residential properties.
(13)
Glint and glare. All solar energy panels shall be angled such
that reflection from the panels shall be orientated away from neighboring
windows and roads and shall be designed with at least one anti-reflective
layer or coating. "Glint" is defined as a specular direct reflection
of the sun, a momentary flash of light. "Glare" is defined as a more
continuous source of excessive brightness relative to the defused
lighting and is not a direct reflection of the sun but the bright
sky around the sun or the corona. Both glint and glare should be evaluated
using the reflective energy percentage or the sunlight energy reflected
off the solar panels based on the anticipated location where the glare
or glint might be expected.
(14)
All areas of the tract shall be planted with suitable ground
cover, such as native grasses, for soil stabilization, except for
areas on the tract (or tracts) that may be forested, farmed, in industrial
use or residential use as permitted according to the permitted uses
of the zone, and areas occupied by solar and photovoltaic energy facilities
and structures, berms and landscaping.
(15)
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
the property line.
(16)
Major solar energy systems and facilities, including all components
thereof, shall be designed to withstand a ground-level wind velocity
of 90 miles per hour or greater, or in accordance with wind loading
guidelines established in the Uniform Construction Code, whichever
is greater.
(17)
The use of batteries to store electric power generated by the
facility shall be prohibited. Batteries may be used to provide power
for emergency lighting. The type of batteries for such a use shall
be selected using the newest and best technology available to provide
an environmentally safe installation.
(18)
Power lines. All transmission and power lines shall be placed
underground except in those instances where transmission towers, poles
and lines are already in existence. Feeder lines and collection lines
may be placed overhead near substations or points of interconnection
to the electric grid.
(19)
Noise. The total daytime operational mechanical or aerodynamic
noise, including turbine or transmission line noise, from the solar
energy facility and the ambient background noise shall be measured
at the nearest property line and shall not exceed a maximum of 45
dB(A) peak noise as measured at nighttime.
(21)
Lighting. Any facility lighting shall be shielded or landscaped
to eliminate light spillage onto any adjacent property. "Light spillage"
is defined as an illumination of 0.3 footcandle or greater onto any
residential property or residential zone district and one footcandle
onto any nonresidential, business or industrial property or zone district.
A "footcandle" is defined as the light or brightness that a candle
gives as measured at a distance of one foot away from the candle.
(22)
Steep slopes. Slopes greater than 30% shall not be built upon.
The applicant must prove to the Joint Land Use Board and to the Borough
Engineer that erosion controls have been satisfied for sites with
a slope greater than 20%.
(23)
Tree removal. A solar facility should not be located on a wooded
site. It is assumed that any trees removed beyond 10 mature healthy
trees shall be replaced by similar trees elsewhere on site.
(24)
Electrical codes. The solar energy facility or system shall
meet the minimum standards outlined in the National Electrical Code
(NEC), the National Electrical Safety Code (NESC) and all applicable
current rules and suggested practices for photovoltaic power systems.
(25)
Firesafety.
(a)
All roof-mounted systems shall provide adequate area on the
roof for firefighters to ventilate all planes of the roof upon which
the systems are installed.
(b)
Ground systems shall include roads not less than 18 feet in
width, which shall be suitable to support the weight of fire company
and rescue squad apparatus.[3]
(c)
Each site containing a solar facility shall include a sign indicating
the type of system on premises and the contact names and numbers of
the owner and operator. Additionally, a Knox-Box® system, or its
analog, is to be utilized and locked at all times.
(d)
An exterior electrical disconnect shall be provided which shall
be plainly marked and identified.
(e)
An emergency response plan shall be provided to the Borough
and shall include emergency procedures, an evacuation plan, and emergency
contacts and shall be updated and reviewed annually.
(f)
A two-tag system shall be used for entering the facility, which
will incorporate one tag per person left in the service vehicle, indicating
the names of the individual(s) and his or her employer, and one tag
placed at the point of entry of any building or gate when roaming
on the site.
(g)
After installation of the system, the owner/operator must provide
a certification of the structural safety of the system to the Zoning
Officer or Construction Code Official, verifying that the system does
not provide a hazard to the health, safety or welfare of the community.
(26)
A maintenance plan shall be submitted for the continuing maintenance
of all required plantings, including a schedule of specific maintenance
activities to be conducted. Maintenance of the required berms, landscaping
and fencing shall be a continuing condition of any approval that may
be granted. The use of herbicides shall not be permitted as an acceptable
maintenance practice.
(a)
Organic farming is encouraged as a best management practice
for areas of the tract (or tracts) that are not occupied by solar
and photovoltaic energy facilities and structures in the RR Zone.
Organic farming is neither encouraged nor required in the GU or the
I Zone.
(b)
Soil erosion control; soil stabilization. All ground areas occupied
by the major solar or photovoltaic energy facility or structure installation
that are not utilized for access to operate and maintain the installation
shall be planted and maintained with shade-tolerant grasses for the
purpose of soil stabilization. A seed mixture of native, noninvasive
shade-tolerant grasses shall be utilized and specified in a landscaping
plan that shall be provided. If it can be demonstrated by the applicant
that an alternative vegetative ground cover consisting of a seed mix
of native, noninvasive plant species and nonnative, noninvasive shade-tolerant
species should be accepted for soil erosion control and soil stabilization,
and the alternative can be better sustained over the life of the facility,
the Board may approve such an alternative to the requirement for native,
noninvasive shade-tolerant grasses or mix of grasses. The use of stone
shall not be permitted for soil erosion control and soil stabilization.
The components of this plan may be combined with the requirements
of the grading and drainage plan.
(c)
Existing surface water drainagecourses. The bed and banks of
existing drainage ditches, brooks, streams and drainage swales shall
be maintained in their natural condition, except that, where soil
erosion is evident in these features due to a lack of suitable stabilized
vegetation, the Board may require such areas to be planted and stabilized
in accordance with the recommendations of the Soil Conservation District,
the USDA and/or the NJDEP.
A.
Decommissioning plan required. All applications for a major solar
facility shall be accompanied by a decommissioning plan to be implemented
upon abandonment, or cessation of activity, or in conjunction with
the removal of solar energy systems. The decommissioning plan shall
be submitted in accordance with the requirements of this section.
Prior to removal of solar energy systems, a demolition permit for
removal activities shall be obtained from Milford Borough or the state
construction official. Prior to the issuance of a demolition permit,
the owner or operator of the facility shall post a performance bond
to ensure removal of the facility or systems in accordance with the
decommissioning plan. Removal of solar energy systems shall be performed
by an electrician licensed and in good standing in the State of New
Jersey.
B.
Solar and photovoltaic energy facilities and structures (roof or
ground) which have not been in active and continuous service for a
period of one year shall be removed from the property to a place of
safe and legal disposal in accordance with a decommissioning plan.
C.
If the applicant ceases operation of the energy project for one year
or begins but does not complete construction of the project within
180 days of receipt of final site plan approval, the applicant shall
restore the site according to the decommissioning plan prepared by
the applicant and approved by both the Board and the Milford Borough
Common Council.
D.
The applicant shall submit a decommissioning plan that ensures that
the site will be restored to a useful, nonhazardous condition without
significant delay, including but not limited to the following:
(1)
Removal of aboveground and underground equipment, structures
and foundations to a depth of at least three feet below grade. Underground
equipment, structures and foundations need not be removed if they
are at least three feet below grade and do not constitute a hazard
or interfere with agricultural use or other resource uses of the land.
The plan shall describe the means by which all equipment and components
of the system(s) shall be disposed of in an environmentally responsible
manner and in accordance with prevailing federal, state and/or local
regulations;
(2)
Restoration of the surface grade and soil after removal of aboveground
structures and equipment;
(3)
Revegetation of restored soil areas with native seed mixes and
plant species suitable to the area, which shall not include any invasive
species. In farmland areas, the revegetation component of the decommissioning
plan may include provisions to resume agricultural use of the site;
(4)
The plan may provide for the retention of access roads, fences,
gates or buildings in place or regarding restoration of agricultural
crops or forest resource land;
(5)
The plan must provide for the protection of public health and
safety and for the protection of the environment and natural resources
during site restoration; and
(6)
The plan must include a schedule for completion of site restoration
work.
E.
A cost estimate shall be provided for the cost of fully implementing
the decommissioning plan prior to the issuance of a demolition permit.
The cost estimate shall be subject to review and approval by the Borough
Engineer.
F.
Before beginning any decommissioning activities, the applicant must
submit a performance bond in a form satisfactory to the Borough Attorney
and in an amount satisfactory to the Milford Borough Common Council.
The value of said performance bond shall be based upon an estimate
approved by the Board Engineer, which shall assure the availability
of adequate funds to restore the site to a useful, nonhazardous condition
in accordance with the decommissioning plan.
G.
Upon cessation of activity for a cumulative period of 180 days of
construction or installation activities of an approved major solar
or photovoltaic energy system, the Borough shall notify the owner
and/or the operator of the facility to complete construction and installation
of the facility. If the owner and/or operator fails to complete construction
and installation activities within 180 additional days, the Borough
shall order the owner and/or operator of the facility to implement
the decommissioning plan. Within six months of notice being served,
the owner and/or or operator shall substantially complete all activities
in the decommissioning plan.
H.
Upon cessation of activity of a fully constructed major solar or
photovoltaic energy system for a cumulative period of one year, the
Borough may notify the owner and/or the operator of the facility to
implement the decommissioning plan. Within 180 days of notice being
served, the owner and/or operator shall either resume energy generation
to at least 80% capacity of the facility or system as established
at the time of approval or fully implement the decommissioning plan.
If, within 180 days of receipt of notice, the owner and/or operator
of the facility or system fails to resume energy generation to at
least 80% of capacity of the facility or system as established at
the time of approval, the Borough may order the owner and/or operator
of the facility to implement the decommissioning plan.
I.
If the operator fails to fully implement the decommissioning plan subject to the procedures and timelines set forth in Subsections G and H above, or is otherwise unable to restore the site as required within 180 days of the Borough's service of notice in accordance with this section, the Borough may, at its own expense, provide for the restoration of the site in accordance with the decommissioning plan and may in accordance with the law recover all expenses incurred for such activities.
[Added 12-19-2011 by Ord. No. 786-2011]
A.
All applications seeking to install solar and photovoltaic energy
installations in accordance with this article shall be subject to
review and approval by the Milford NJ Fire Company, Inc., Chief or
his/her designee with respect to emergency and safety precautions
and procedures attendant to that application in order to safeguard
the health, safety and well-being of both emergency responders and
the general public.
B.
Any requirements set forth by the Milford NJ Fire Company, Inc.,
Chief or his/her designee shall be deemed a condition of approval
for each such application.
