HAMILTON TWP S SOLAR SITING ORDINANCE. David Peifer ANJEC Environmental Congress October 19, 2013 Middlesex County College, Edison NJ

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1 HAMILTON TWP S SOLAR SITING ORDINANCE David Peifer ANJEC Environmental Congress October 19, 2013 Middlesex County College, Edison NJ

2 Why do we need local ordinances? No coherent statewide policy. Ground mounted installations compete with other land uses. Competition for land is intense in New Jersey. Master Plans and zoning generally do not address the technology. Without an ordinance, an application must be handled as a use variance. NJ law defines solar installations as inherently beneficial in all zones. NJ law NJ defines solar installations as by-right uses in industrial zones where parcels are >20 acres.

3 But: Solar is Desirable! No greenhouse gas emissions. No other air pollutants. No water consumption, waste product or wastewater generation. Can be used to meet critical peak loads in hot weather. Can be located on already developed land. Is anticipated in NJ s Energy Master Plan. Can be located near load centers. Decentralized generation can be more resilient than centralized grid. Low maintenance and operating costs. Costs continually coming down

4 How Much Land Area? To meet the renewable goals of NJ s Solar Energy Advancement and Fair Competition Act: 2,164 GWh by 2021 = 1,803 MW* 5,316 GWh by 2026 = 4,430 MW* Land Requirements** If all ground mount, fixed tilt collectors, (less 310 MW on line in 2011): Year ,600 ac. (8.8 sq. mi.).1% of the State Year ,000 ac. (24 sq. mi.).27% of the State *Source: NJ BPU **Source: NJ Future

in 2007 Additional farmland loss probably not acceptable NJ

5 What could this mean to farmland? Represents an additional 1% to 3% loss of farmland available in 2007 Additional farmland loss probably not acceptable NJ lost 25% of its farmland between 1986 and 2007 (178,337 acres or 279 sq. mi.) Rovino, Italy

6 Must we loose farmland to solar? No! Necessary land area can be found on brownfields, rooftops and above impervious surfaces. Total land area shrinks if rooftop and flat collectors are used: all rooftop all ground mount 2020: 118 million sq. feet 4.23 sq. mi. 8.8 sq. mi. 2026: 327 million sq. feet sq. mi. 24 sq. mi. Actual behavior will be a mix of both. Ordinances should dissuade location on greenfields and favor locations on brownfields, rooftops and grayfields.

7 Hamilton Township Mercer County

8 Hamilton Township Facts LOCATION: Southern Mercer County NJ POPULATION: 90,000 AREA: 42.2 Square Miles PHYSIOGRAPHIC PROVINCE: Inner Coastal Plain. Characterized by highly productive farmland, agricultural soils are highly suitable for development. Rapid development occurred in the 1950s and 60s. RARE/ENDANGERED/DECLINING SPECIES HABITAT AREA: 9,920 acres (39% of land area). HISTORIC SITES: 10, one is an important archaeological site. LAND COVER Acres % Urban 14, Wetlands 5, Agriculture 2, acres 8.4 (Primarily in S.E. portion) Forest 2, Water Barren

9 Hamilton Township: Land Use 2005

10 Hamilton Township Facts (cont d) AGRICULTURAL SOILS Prime agricultural soils cover 5,445 acres (21%) of the township dispersed throughout the municipality. Much of this area has been converted to residential use. Soils of Statewide importance cover another 8,054 acres (31%) of the township concentrated in the central and southern portions. Soils of local importance cover 882 acres (3%) of the township, located across the municipality. Soils of unique importance cover 1,153 acres, (4%) of the township associated with wetlands and stream corridors. WATERSHEDS AND IMPERVIOUS COVER There are eleven sub-watersheds (HUC 14s) in the municipality. Impervious cover ranges from a low 3.27% to a high of 43.04% in these watersheds. PRESERVED OPEN SPACE, INCLUDING FARMLAND Hamilton has 1, acres of preserved farmland and a total of 5, acres of preserved open space in total. SEWER SERVICE AREA A total of 69.1% of the municipality is within designated sewer service areas.

11 Purposes: Hamilton s Ordinance To permit solar, photovoltaic and wind energy facilities in appropriate locations in a way that is consistent with duly enacted State legislation To minimize potential land-use conflicts and impacts associated with such facilities. Retain prime agricultural soils for agricultural use Avoiding siting such facilities on lands within the Agricultural Development Area (ADA) and lands with significant areas of prime farmland soils and soils of statewide importance. Preserving the industry of agriculture and agricultural character by Avoiding siting such facilities on lands adjacent to or across a public road from permanently preserved farmland. Preserving areas with an established rural and/or historic character by Avoiding siting such facilities on land within areas of rural and/or historic character, particularly on land which is exposed to public view and where, by reason of topography or other natural features, the facility cannot be effectively screened from view. Protecting the quality of life in residential districts by avoiding siting ground mounted facilities in locations where they would be visible from adjacent residential areas. Providing standards for buffering and screening of renewable energy facilities to protect surrounding properties from glare and To mitigate the negative visual impact of ground mounted facilities. Providing for proper decommissioning of the renewable energy facility after its useful life.

zone district. Concentrating facilities direct sunlight to a central location.

12 Solar and Photovoltaic Facility General Requirements Concentrated solar and solar reflecting technology facilities shall not be a permitted principal, accessory or conditional use in any zone district. Concentrating facilities direct sunlight to a central location. The intent is to allow only photovoltaic installations Concentrating Installation: no Rooftop Photovoltaic: ok

13 General Requirements (cont d) b. A solar and/or photovoltaic facility shall mean the aggregate of all facilities constructed on a lot or assemblage of contiguous lots or on a farm management unit. c. A ground mounted solar and photovoltaic energy generating facility (hereinafter "ground mounted facility") shall be deemed to be a principal use when any of the following conditions are met. A ground mounted facility which does not meet one or more of these conditions shall be deemed an accessory use. 1. When the ground mounted facility exceeds a ratio of one to five (1:5) for the land area on which the facility is constructed on to the area used for another purpose (including farming). 2. When the ground mounted facility comprises an area of 10 acres or greater. 3. When the ground mounted facility is the only use or structure on a lot (for purposes of this criterion, farming does not count as a use). d. Any solar or photovoltaic energy generating facility mounted to a structure above a surface parking area or a roof shall be deemed an accessory use.

14 Site Plan Requirements 1. Location of proposed and existing underground or overhead utility or transmission lines. 2. Location of any proposed or existing substation, inverter or transformer. 3. Description of any necessary upgrades or modifications to existing substations or the necessity for a new substation. 4. Description of how the energy generated by the facility will be connected to the electrical distribution or transmission facility or the electrical facility of the intended energy user. 5. Location of existing hedgerows and vegetated windbreaks. Trees on the site that have a caliper of 12 inches (dbh) or greater shall be identified by species and overall condition. 6. Photographic simulation of the view of the proposed facility from ground level from all public roads abutting the property and from adjacent residential uses. 7. Maintenance plan which describes the applicant's approach to maintaining the facility after construction, including the panels and associated supporting structures, as well as the property on which the facility is installed.

15 Impervious Cover, Stormwater, Grading, Soil Disturbance f. Solar and photovoltaic facilities shall not be counted in the calculation of maximum impervious cover unless the area under the panels (excluding any footings) consists of an impervious material. The design of the facilities shall comply with all NJDEP and Township stormwater, grading and soil disturbance regulations, whichever is more restrictive.

16 Siting and Screening Ground mounted facilities shall be located to minimize views of the facilities from public roadways and from existing residences not located on site and from neighboring undeveloped residentially-zoned property by utilizing existing visual barriers including, but not limited to, buildings, trees, hedgerows and natural topography to the maximum extent possible, in addition to visual screening described elsewhere in this section.

meadow grasses or an agricultural area for crops or grazing farm animals.

17 Ground Cover Ground mounted facilities within an area greater than 1,000 square feet shall provide one or more of the following beneath the structures: lawn, meadow grasses or an agricultural area for crops or grazing farm animals. Meadow grass plantings shall include wildflower mixes as well as a mix of appropriate grass species.

18 Agricultural Restoration (?) Where the prior use of a facility site consists of agriculture, the facility shall be installed such that it can be returned to active agricultural production after the useful life and removal of the facility. As such, site disturbance including but not limited to, grading, cut and fill, soil removal, excavation and soil compaction, shall be minimized; soil removal shall be prohibited.

19 Impervious Surfaces The use of concrete asphalt or other impervious surface, including gravel, is prohibited on the site of such facilities, except in the following locations: 1. The mounting of inverters, transformers, power conditioning units, control boxes, pumps and other such facility components. 2. The mounting of solar photovoltaic panels, films and arrays when used as ballast. 3. Driveway aprons. 4. Portions of roads and driveways where necessary to provide stability for vehicles.

20 Solar Access Applicants are encouraged to enter into solar easements with neighboring property owners in order to ensure continuing access to sunlight for a solar or photovoltaic facility. Site Plan approval or the issuance of a zoning permit for a solar or photovoltaic facility does not imply the existence of a solar easement.

21 Labeling, Wiring, Signs, Noise All electrical and control equipment shall be labeled and secured to prevent unauthorized access. n. Transmission wires shall be underground. o. The only signs permitted on a solar or photovoltaic facility or any associated building or structure are those depicting the manufacturers or installer's identification, appropriate warning signs, or owner identification. p. Sound levels from the energy facility shall not exceed the ambient sound level at the property line prior to construction of the facility.

22 Time Limits of Approval Due to the limitation on the capacity of the PJM grid to accept electric energy from renewable energy facilities, a permit issued pursuant to this ordinance shall expire if the solar or photovoltaic facility is not installed and functioning within the approval period established by the Municipal Land Use Law

23 Abandonment Abandonment. A solar energy facility that is out-of-service for a continuous eighteenmonth period will be deemed to have been abandoned. 1. The Township may issue a Notice of Abandonment to the owner of a solar energy facility that is deemed to have been abandoned. The Notice shall be sent return receipt requested. 2. The owner shall have the right to respond to the Notice of Abandonment within 30 days from the Notice receipt date. 3. If the owner provides information that demonstrates the solar energy facility has not been abandoned, the Township shall withdraw the Notice of Abandonment and notify the owner that the Notice has been withdrawn. 4. If the Township determines that the solar energy facility has been abandoned, the owner of the solar energy facility shall remove the solar energy facility and properly dispose of the components at the owner's sole expense within six months after the owner receives the Notice of Abandonment. 5. In the event that the owner fails to remove the solar energy facility, the Township and/or its employees and/or contractors may enter the property to remove the solar energy facility (but shall not be obligated to remove same) and in the event that the Township performs the removal, all costs of such removal shall be reimbursed to the Township by the owner. In the event the owner fails to reimburse the Township, the Township may place a lien on the property in the amount of the costs of said removal and, in the event that the Township incurs any additional costs in enforcing the lien and/or collecting the money owed, the owner shall be obligated to reimburse the Township for the additional costs and expenses, including reasonable attorneys fees.

24 Decomissioning. All applications for a solar or photovoltaic facility as a principal use shall be accompanied by a Decommissioning Plan to be implemented upon abandonment in conjunction with removal of solar energy facilities. Before beginning any decommissioning activities the applicant must submit a performance bond in a form and amount satisfactory to the Township Attorney which shall be based upon an estimate approved by the Township Engineer assuring the availability of adequate funds to restore the site to a useful nonhazardous condition in accordance with the Decommissioning Plan. The Decommissioning Plan shall include the following provisions: 1. Restore the surface grade and soil after removal of above ground structures and equipment. 2. Restore soil areas with native seed mixes, agricultural crops and/or plant species suitable to the area and which do not include any invasive species. 3. The Plan may provide for restoration of agricultural crops or forest resource land. 4. The Plan may provide for the retention of access roads, fences, gates, buildings and buffer plantings at the discretion of the Township. 5. If the property owner fails to remove the facility and restore the facility in accordance with the Decommissioning Plan, the Township may perform in place of the owner. All costs incurred by the Township in connection with same shall be a first priority lien enforceable pursuant to municipal tax lien statutes.

25 Installations on Commercial Farms Any applicant for a solar or photovoltaic facility on a commercial farm is encouraged to meet the State Agricultural Development Committee's ("SADC") Agricultural Management Practice ("AMP") for the Construction, Installation, Operation or Maintenance of Solar Energy Generation Facilities, Structures and Equipment on Commercial Farms. Compliance with this rule is required in order to continue the property's eligibility for right-to-farm protection for the on-farm generation of solar energy. SEE: edamps/solar.html

26 Accessory Uses Accessory Use Requirements. The following requirements shall apply to solar and photovoltaic facility accessory uses. The requirements shall be bulk standards where the facility is permitted and conditions where the facility is a conditional use. a. Roof mounted facilities. 1. Roof mounted facilities shall be mounted parallel to the roof angle and shall not exceed a height of 12 inches above the roof. Notwithstanding, roof mounted facilities shall not exceed the maximum building height in the zone district. b. Facilities mounted above parking lots. 1. Facilities mounted above parking lots shall be designed to provide adequate space for access by emergency vehicles whenever necessary. 2. The maximum permitted height shall be 20 feet. 3. Facilities shall only be located within the rear yard. 4. The minimum side and rear yard setback for any such facility shall be 50 feet if adjacent to a non-residential use or district and 100 feet if adjacent to a residential use or district.

27 Screening/Buffers Plantings The facility shall be screened from view on all sides by a twenty-foot wide planted buffer. i. The buffer shall consist of an earthen berm and/or solid fence which completely screens the view of the facility and any associated glare from adjacent streets (measured from a height of four feet at the centerline of the street) and adjacent property lines (measured from a height of five feet at the property line). The buffer shall also consist of a mix of deciduous and evergreen trees and shrubs. ii. Existing vegetation shall be retained and utilized to the extent practical. iii. The buffer shall also meet the standards in section unless otherwise specified. Deciduous trees shall have a minimum caliper size of 3.5 inches and a minimum height at planting of 14 feet. Evergreen trees shall have a minimum height at planting of six feet. iv. The buffer requirement shall not apply where the facility is separated from the public road or property line by a building of equal or greater height than the facility. v. Fencing, with the exception of a wooden or approved PVC fence, shall not be visible from the property line in all districts, except the MFG and I districts.

28 Parking Encroachment, Lighting, Snow and Water.. Limited encroachments upon pre-existing or standard parking space sizes to accommodate the structure for solar and photovoltaic parking structures are permitted, provided that safe and convenient accessibility to and from all parking spaces is maintained. 7. The facility shall be designed so as to meet the lighting and landscape standards of the Land Development Code. 8. The facility shall be designed in such a manner that neither water nor snow accumulate and have concentrated flow off the structure.

29 Ground Mounted Facilities (as accessory uses) c. 1. The maximum permitted height of ground mounted facilities shall be 12 feet. 2. Facilities shall only be located within the rear yard. 3. The minimum side and rear yard setback for any such facility shall be 50 feet if adjacent to a nonresidential use or district and 100 feet if adjacent to a residential use or district. 4. The facility shall be screened from view on all sides by a twenty-foot wide planted buffer. i. The buffer shall consist of an earthen berm and/or solid fence which completely screens the view of the facility and any associated glare from adjacent streets (measured from a height of four feet at the centerline of the street) and adjacent property lines (measured from a height of five feet at the property line). The buffer shall also consist of a mix of deciduous and evergreen trees and shrubs. ii. Existing vegetation shall be retained and utilized to the extent practical. iii. The buffer shall also meet the standards in section unless otherwise specified. Deciduous trees shall have a minimum caliper size of 3 1/2 inches and a minimum height at planting of 14 feet. Evergreen trees shall have a minimum height at planting of six feet. iv. The buffer requirement shall not apply where the ground mounted facility is separated from the public road or property line by a building of equal or greater height than the facility. v. Fencing, with the exception of a wooden or approved PVC fence, shall not be visible from the property line in all districts, except the MFG and I districts. vi. Existing hedgerows or vegetated windbreaks that provide screening of the subject site from neighboring properties shall be retained and augmented as necessary. 5. Clearing of upland hardwood forest shall be prohibited except to the extent required for site access from a public road. 6. Any development for a ground-mounted facility shall comply with section Natural features and tree preservation. 7. Prime farmland soils and soils of statewide significance shall be avoided to the maximum extent possible.

30 Ground Mounted Facilities as Principal Uses a. The maximum permitted height of ground mounted facilities shall be 12 feet. b. The following setbacks shall apply to ground mounted facilities: 1. Front Yard: 100 feet, or not less than 200 feet where a lot abuts a residential use or district (including those across a public road). 2. Side Yard: 50 feet, or not less than 100 feet where a lot abuts a residential use or district (including those across a public road). 3. Rear Yard: 50 feet or not less than 100 feet where a lot abuts a residential use or district (including those across a public road). c. Substations (excluding switchgear stations) shall be setback a minimum of 150 feet, or not less than 200 feet from a residential use or district.

31 Screening, Fencing: Ground Mounted Facilities as Principal Uses 1. The facility shall be buffered from view of non-residential properties by a twenty-foot wide planting area and from view of public roads and residential districts and properties (including those located across a public road) by a forty-foot wide planted buffer area. 2. The buffer shall consist of an earthen berm and/or solid fence which completely screens the view of the facility and any associated glare from adjacent streets (measured from a height of four feet at the centerline of the street) and adjacent property lines (measured from a height of five feet at the property line). The buffer shall also consist of a mix of deciduous and evergreen trees and shrubs to provide a year round visual screen. 3. The buffer shall also meet the standards in section unless otherwise specified. Deciduous trees shall have a minimum caliper size of 3.5 inches and a minimum height at planting of 14 feet. Evergreen trees shall have a minimum height at planting of six feet. 4. Fencing with the exception of a wooden or approved PVC fence, shall not be visible from the property line in all districts, except the MFG and I districts. 5. Existing hedgerows or vegetated windbreaks that provide screening of the subject site from neighboring properties shall be retained and augmented as necessary. 6. Substations and other associated transmission structures shall be screened with a double row of evergreen plantings with a minimum height of eight feet at planting. e. Clearing of upland hardwood forest shall be prohibited except to the extent required for site access from a public road. f. Any development of a solar or photovoltaic facility shall comply with section Natural features and tree preservation.

32 Thank You! Dave Peifer ANJEC

CHARTER TOWNSHIP OF PORT HURON

CHARTER TOWNSHIP OF PORT HURON 3800 Lapeer Road Phone: (810) 987-6600 Port Huron Twp., Michigan 48060 Fax: (810) 987-6712 www.porthurontownship.org KLavigne@PortHuronTownship.org MEMORANDUM To: Chairman