ORDINANCE FOR SOLAR ENERGY SYSTEMS

ORDINANCE NO. ________

AN ORDINANCE TO SUPPLEMENT AND AMEND CHAPTER __

ZONING ORDINANCE OF THE TOWNSHIP OF FRANKLIN,
COUNTY OF HUNTERDON, STATE OF NEW JERSEY TO
PROVDE STANDARDS FOR SOLAR ENERGY SYSTEMS.
WHEREAS, in recent years the technology of creating energy from Solar Panels has become
economically feasible; and

WHEREAS, the solar energy industry has developed Solar Panel systems that can be located on
principle structures, on accessory buildings, or as free standing ground-mounted structures; and

WHEREAS, Solar Energy Systems can be used on residential and non-residential sites; and

WHEREAS, there is a need to recognize and regulate Solar Energy Systems because their locations
affect site improvements and neighborhood aesthetics.

NOW, THEREFORE, BE IT ORDAINED by the Township Committee of the Township of

Franklin, in the County of Hunterdon, New Jersey as follows:

1. STATEMENT OF PURPOSE

It is the purpose of this regulation to promote the safe, effective and efficient use of Solar Energy
Systems installed to reduce the consumption of energy supplied on-site by utilities as a residential
accessory use while protecting the health, safety and welfare of adjacent and surrounding land uses
through appropriate zoning and land use controls. A Solar Energy System shall be permitted in any
zoning district as an accessory to a residential use subject to the standards set forth below. Where
general standards and specific criteria overlap, the specific criteria shall supersede the general
standards.

2. DEFINITIONS

Solar Energy System - An energy conversion system or facility including associated equipment
and appurtenances that engages in the production of electric energy from solar or photovoltaic
technologies.

Solar Panel - A photovoltaic panel, or hot air or water panel collector device, which relies upon
solar radiation as an energy source for the generation of electricity or transfer of stored heat.

3. DEVELOPMENT STANDARDS

A. A Solar Energy System for residential use containing 1000 square feet or less of total Solar
Panel surface and which provides no greater than 110% of proposed electric use shall be
considered a permitted use.

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 B. A Solar Energy System for residential use containing more than 1000 square feet of total
Solar Panel surface shall be considered a conditional use.

C. A Solar Energy System in the commercial zone shall be considered a conditional use.

D. When a proposal for a ground-mounted Solar Energy System exceeds a ratio of one to five
(1:5) for the area which the facility is constructed and installed onto the area used for another
purpose(s), or when the facility is constructed and installed on an area of 10 acres or greater,
the facility shall be a principal use. A smaller Solar Energy System shall be an accessory
use.

E. A Solar Energy System shall not be constructed until a building permit has been approved
and issued or, where required by this Ordinance, site plan approval has been granted.

F. A roof-mounted Solar Energy System on a conforming single or two-family residential

building, or on a conforming building that is accessory to a residential building, shall require
a zoning permit. Installation of a roof-mounted Solar Energy System on any other structure
shall require minor site plan approval.

G. Ground-mounted Solar Energy Systems containing 1000 square feet or less of total Solar
Panel surface shall require a zoning permit.

H. Solar Energy Systems in excess of 1000 square feet to 1 acre (including aggregate area of
multiple systems) shall require minor site plan approval prior to obtaining a zoning permit.

I. Solar Energy Systems greater than 1 acre and up to 10 acres shall require preliminary and
final major site plan approval prior to obtaining a zoning permit.

J. Solar Energy Systems greater than 10 acres are prohibited.

K. Solar Energy Systems do not count in the calculation of maximum lot coverage or maximum
impervious cover, unless the area under the system (excluding the footings) consists of an
impervious material, such as gravel or pavement. Nevertheless, the design of the systems
shall comply with all Township storm water, grading, and soil disturbance regulations.

L. A Solar Energy System that is deemed to be out of service or otherwise unused for a
continuous 18 month period shall be removed from the site.

4. ROOF-MOUNTED DESIGN STANDARDS

A. Solar Energy Systems shall be mounted parallel to the roof angle and shall not exceed a
height of 4 inches above the roofline.

B. Solar Energy Systems to be mounted on a flat roof may be angled to achieve maximum sun
but shall not exceed 4 feet above the roof.

C. Solar Energy Systems may be mounted to principal and accessory structures and buildings.

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 D. Solar Energy Systems may not exceed the maximum building height or accessory building
height specified in the underlying zoning district.

E. In no instance shall any part of the Solar Energy System extend beyond the roof edge.

F. All exterior electrical or plumbing lines must be painted in a color scheme that matches as
closely as reasonably possible the color of the structure and adjacent materials.

G. An external disconnect switch shall be provided at the fuse panel.

5. GROUND-MOUNTED STANDARDS - PERMITTED USE

A. Solar Energy Systems shall be located on lots of one acre or more and shall not exceed 20%
of lot coverage.

B. Solar Energy Systems shall not be located in front yards or be located past the front wall of
the principal building.

C. Solar Energy Systems shall have a 50 foot side and rear yard setback.

D. Solar Energy Systems shall not exceed 10 feet in height.

E. Solar Energy Systems shall be designed to blend into the existing setting and environment.
All mechanical equipment and panels associated with and necessary for the operation of a
ground-mounted Solar Energy System shall be screened from any adjacent property that is
used for residential purposes and township, county and state roads. The screen shall consist
of shrubbery, trees, or other plant materials. The screen shall have year round opacity of
90% and shall be equivalent to the maximum height of the Solar Energy System.

F. All power transmission lines from a ground-mounted Solar Energy System to any building or
other structure shall be located underground and all inverters shall be fenced.

G. Solar Energy System equipment shall not block required parking areas, sidewalks or
walkways.

H. Roadways within the site shall not be constructed of impervious materials and shall be
designed to minimize the extent of roadways constructed and associated soil compaction.

I. Inverter noise shall not exceed 40 dBA at the property line.

6. GROUND-MOUNTED STANDARDS - CONDITIONAL USE

A. Solar Energy Systems shall be located on lots of one acre or more and shall not exceed 20%
of lot coverage.

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B. Solar Energy Systems shall not be located in front yards or be located past the front wall of
the principal building.

C. Solar Energy Systems shall have a 150 foot side and rear yard setback.

D. Solar Energy Systems shall not exceed 10 feet in height.

E. Solar Energy Systems shall be designed to blend into the existing setting and environment.
All mechanical equipment and panels associated with and necessary for the operation of a
ground-mounted Solar Energy System shall be screened from any adjacent property that is
used for residential purposes and township, county and state roads. The screen shall consist
of shrubbery, trees, or other plant materials. The screen shall have year round opacity of
90% and the minimum height of the screening shall be eight (8) feet when planted.

F. All power transmission lines from a ground-mounted Solar Energy System to any building or
other structure shall be located underground and all inverters shall be fenced.

G. Solar Energy System equipment shall not block required parking areas, sidewalks or
walkways.

H. Roadways within the site shall not be constructed of impervious materials and shall be
designed to minimize the extent of roadways constructed and associated soil compaction.

I. Inverter noise shall not exceed 40 dBA at the property line.

J. Solar Energy Systems shall be designed to comply with all storm water, grading, and soil
disturbance regulations of the zoning ordinance.

K. Solar Energy Systems shall be arranged so that no single contiguous Solar Panel area
exceeds 1000 square feet with a minimum of 1½ inches apart for rainwater discharge.

L. Solar Energy Systems shall provide emergency vehicle access to all components. The
electrical disconnect switch to the main house shall be clearly identified and unobstructed.

M. In addition to standard checklist items required for an application to be deemed complete,

minor and major site plan applications for ground-mounted Solar Energy Systems shall
depict the following:

i. Location of proposed and existing overhead and underground utility and transmission
lines.

ii. Location of any proposed or existing substations, inverters or transformers.

iii. Description of how the energy generated by the facility will be connected to the
electrical distribution or transmission system or the electrical system of the intended
energy user.

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 iv. Description of any necessary upgrades or modifications to existing substations or the
necessity for a new substation.

v. Location of all proposed buffer and site lines from roads and adjacent properties.

vi. A geological report identifying the depth to bedrock, soil characteristics, and
recommendations for foundation supports.

vii. A “Glint and Glare Study” shall be provided to demonstrate that the panels are
located and installed so that sun glare is directed away from an adjoining property or
public rights of ways

7. APPLICATION FOR A SOLAR ENERGY SYSTEM PERMIT

A permit shall be obtained for the construction and installation of a Solar Energy System by written
application to the Township Zoning Official. The application shall include the applicant’s name and
address, photographs of the existing property conditions, renderings of the proposed Solar Energy
System equipment, and a description of the proposed screening for ground-mounted Solar Energy
Systems. The Township Zoning Official shall respond within thirty (30) days of a Solar Energy
System application. Permits shall be valid for a period of 6 months, and must be displayed
prominently at the address where the Solar Energy System is to be installed. Application forms shall
be made available at Township Hall.

8. SEVERABILITY

In the event that any clause, section, paragraph or sentence of this Ordinance is adjudged to be
unconstitutional or invalid by a court of competent jurisdiction, the balance of the Ordinance shall
not be affected by said invalidity and shall remain in full force and effect.

9. REPEALER

Any and all ordinances or parts of ordinances inconsistent with this Ordinance are hereby repealed
to the extent of such inconsistency.

10. EFFECTIVE DATE

This Ordinance is declared to be effective upon approval by the Township Committee for the
preservation of the public health, safety and general welfare of the Township citizens and published
according to law.

Introduced:
Adopted:
Attest: