BOROUGH OF OAKLAND COUNTY OF BERGEN STATE OF NEW JERSEY ORDINANCE 13-CODE-685

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1 BOROUGH OF OAKLAND COUNTY OF BERGEN STATE OF NEW JERSEY ORDINANCE 13-CODE-685 AN ORDINANCE TO AMEND, SUPPLEMENT AND REVISE THE CODE OF THE BOROUGH OF OAKLAND, LAND USE, CHAPTER 59 ENTITLED LAND USE AND ZONING BE IT ORDAINED by the Borough Council of the Borough of Oakland, County of Bergen, State of New Jersey, that the following amendments and revisions are made to the Revised General Ordinances of the Borough of Oakland, Chapter 59 entitled Land Use and Zoning. Section 1. Chapter VII Zoning, is hereby amended to include in proper alphabetical order the following definitions. ENERGY The ability to do work. PHOTOVOLTAIC Refers to technology which uses a device, typically a solar panel, to convert light into electricity. SOLAR ARRAY A group of multiple solar panels connected together to provide a single electrical output. SOLAR ENERGY Energy from the sun that is converted into thermal or electrical energy. SOLAR ENERGY SYSTEM All associated equipment which converts solar energy into usable electrical energy, heats water, or produces hot air or other similar function. SOLAR PANELS A structure containing one or more receptive cells, the purpose of which is to convert solar energy into usable electrical energy by way of a solar energy system. Section 2. ARTICLE VII Zoning is hereby amended and supplemented by the additions and modification to the following sections hereinbelow. Section Residential Zones paragraph B is hereby amended and supplemented by the addition of the following clause: (8) Solar energy systems. Such systems may be installed only as a use accessory to a permitted principal use. Solar energy systems may be installed only as an accessory use either on the roof of a permitted principal or accessory structure or as free-standing structures such as above a parking area. Section Business Zones paragraph A is hereby amended by the deletion of existing item (8) and its replacement with an amended item (8) as detailed below:

2 (8) Customary accessory uses to the principal permitted uses, as set forth above, including, solar energy systems as a use accessory to a permitted principal use. Solar energy systems may be installed only as an accessory use either on the roof of a permitted principal or accessory structure or as free-standing structures including above a parking area. The following uses shall not be permitted accessory uses in the B-2 zone: (a) The storage or sale outside of a building of motor vehicles or dismantled parts of same shall not be construed as a permitted accessory use incidental to a motor vehicle sales agency, public garage or automobile service station. (b) Only such signs as are permitted in shall be erected in a business zone. (c) No building accessory to a building used for business shall be used for any residential purpose. (d) No automobile service station or public garage shall be erected or remodeled to provide, as an accessory use to the principal permitted use, a car wash for the purpose of cleaning motor vehicles. Section Central Business District-1 Zone paragraph B is hereby amended and supplemented by the addition of the following clause: (6) Solar energy systems only as a use accessory to a permitted principal use. Solar energy systems may be installed only as an accessory use either on the roof of a permitted principal or accessory structure or as free-standing structures including above a parking area. Section Central Business District Zone-II paragraph B is hereby amended and supplemented by the addition of the following: (6) Solar energy systems. Such systems may be installed only as a use accessory to a permitted principal use either on the roof of a permitted principal or accessory structure or as free-standing structures such as above a parking area. Section I-1 and I-2 Industrial Zones paragraph C is amended and supplemented by the addition of the following: (5) Solar energy systems as either a principal use or structure, or as an accessory structure or use. Such systems may be installed either on the roof of permitted principal or accessory structures or as free-standing structures including above a parking area. Section I-P Industrial Park Zone paragraph E is hereby amended and supplemented by the addition of the following: (6) Solar energy systems as either a principal use or structure, or as an accessory structure or use. Such systems may be installed either on the roof of permitted principal or accessory structures or as free-standing structures including above a parking area. Section I-3 Industrial/Office and CO Corporate Office Zone paragraph A is hereby amended and supplemented by the addition of the following: (6) Solar energy systems as either a principal or as an accessory structure and use. Such systems may be installed either on the roof of permitted principal or accessory structures or as free-standing structures including above a parking area. 2

3 Section Professional Office Zone paragraph A is herein amended and revised by replacing existing paragraph A with the following language: A. PO Professional Office Zone. Within the Professional Office Zone, permitted uses shall be professional and business offices, either in new or conversions of existing residential buildings. Where conversions of residential buildings are made, this shall be subject to prior review and approval of the Planning Board as to the safety of the building in terms of fire protection and dual egress and as to the maintenance of adequate landscaping to protect adjoining residences. In both new and building conversion developments, solar energy systems may be installed only as an accessory use either on the roof of a permitted principal or accessory structure or as free-standing structures such as above a parking area. Section RPP Recreation/Public Purpose District paragraph B is hereby amended and supplemented by the addition of the following: (1)(f) Solar energy systems. Solar energy systems may be installed only as an accessory use either on the roof of a permitted principal or accessory structure or as free-standing structures such as above a parking area. Section T.H. Townhouse Development District paragraph D is hereby amended and supplemented by the addition of the following: (4) Solar energy systems. Such systems may be installed only as an accessory use either on the roof of a permitted principal or accessory structure or as free-standing structures such as above a parking area. Section 3. Chapter 59, Land Use and Zoning is amended and supplemented by the addition of a new Section , Solar Panel Installation as follows: A. Permit Requirements. (i) Before any solar panel may be installed, plans for such installation shall be submitted to the Oakland Building Department and Oakland Fire Official. No solar panel shall be installed without a permit issued by the Borough. (ii) (ii) The design of the solar energy system shall conform to all applicable industry standards including the New Jersey Uniform Construction Code, the International Building Code, the National Electric Code and the Oakland Building Code and Zoning Regulations. The applicant shall submit certificates of design compliance obtained by the equipment manufacturer from a certified organization and any such design shall be certified by an engineer registered in the State of New Jersey. The manufacturer specifications shall be submitted as part of the application. When the requirements imposed by any applicable Code are either in conflict, more stringent or impose additional design standards than the requirements contained within the Oakland Zoning Ordinance, then the requirements of the other applicable Code shall govern and shall supersede requirements contained in the Oakland Zoning Ordinance. 3

4 B. Installation Requirements. (i) Roof-mounted solar panels shall be mounted parallel to the roof angle and, if mounted on a sloping roof, shall not exceed a height of 15 inches above the ridge of the roof. (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) A roof-mounted solar panel that is mounted on a flat roof may be angled to achieve maximum sun exposure but shall not exceed 8 feet above the roof. No such mounted panel shall exceed the maximum permitted height of the structure. All roof mounted solar panel installations shall be designed and constructed to provide designated pathways. Every roof pathway shall comply with the standards for same as detailed in the latest edition of the NJ International Building Code. Roof mounted solar panels must be installed in such locations so as to provide for roof access points to designated walkways in areas that do not require the placement of ground ladders over openings such as windows or doors, and located at strong points of building construction that are not in conflict with overhead obstructions such as tree limbs, wires or signs. Roof access pathways shall be located at structurally strong locations on the building capable of supporting the live load of fire fighters accessing the roof. All roof-mounted panels shall be installed at least 3 feet from the roof edges and provide access pathways depending on the style of roof construction pursuant to the most recent edition of the New Jersey International Building Code. Solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties, businesses, residential homes or roadways. Conduit, wiring systems, and raceways for photovoltaic circuits shall be located as close as possible to the ridge or hip or valley and from the ridge, hip or valley as directly as possible to an outside wall to reduce tripping hazards and maximize ventilation opportunities. Conduit runs between sub arrays and to DC combiner boxes shall be installed in a manner that minimizes the total amount of conduit on the roof. An external disconnect switch, readily accessible by emergency responders, and which is clearly identifiable and unobstructed, shall be provided to disconnect power at the solar panel. Marking is required on all interior and exterior direct conduit, enclosures, raceway, enclosures, cable assemblies, junction boxes, combiner boxes and disconnects to alert emergency first responders to avoid cutting them. Marking is required on all interior and exterior direct conduit, enclosures, raceway, enclosures and cable assemblies every 10 feet, within 1 foot of turns and bends and within 1 foot above and below penetrations of roof/ceiling assemblies, walls or barriers. 4

5 (xi) (xii) (xiii) (xiv) (xv) (xvi) (xvii) The materials used for marking shall be reflective, weather resistant and suitable for the environment. Marking shall have all letters capitalized with a minimum letter height 3/8 inch tall. Letters shall be white on a red background. Signage identifying the use of solar panels shall be posted at an easily visible location. The signage shall clearly state the name, address and telephone number of the vendor authorized to deactivate the solar panel system in the case of an emergency. In addition, the marking shall contain the words WARNING: PHOTOVOLTAIC POWER SOURCE. Marking shall be placed adjacent to the main service disconnect in a location clearly visible from the location where the disconnect is operated. In addition to the required signage, property owners shall provide the Borough Fire Official with a map illustrating the location of the disconnect switch, as well as any information regarding the vendor authorized to deactivate the solar panel. The Oakland Fire Official is herein authorized to request additional information on the map or in a format specified by the Fire Official. Ground mounted solar energy systems shall not be located in the front yard of a residential lot in a one-or two-family zone district. When located in the side or rear yard of a residential lot in a one-or two-family zone district, solar panels shall comply with the height limitations and yard setback requirements applicable to accessory structures in said zone district. Solar energy systems shall be screened from the view of public streets and residential zones by vegetation, fencing or walls and/or topographic features. Ground mounted solar energy systems shall not be located in the front yard of a residential lot in an attached housing zone district. When located in the side or rear yard of a residential lot in an attached housing zone district, solar panels shall comply with the height limitations and yard setback requirements applicable to accessory structures in said zone district. Solar energy systems shall be screened from the view of public streets and residential zones by vegetation, fencing or walls and/or topographic features. Ground mounted solar energy systems, complying with the height limitations and the required side yard setback applicable to accessory structures in said zone district, may be located in the side yard of all non-residential zones. Solar energy systems shall be screened from the view of public streets and residential zones by vegetation, fencing or walls and/or topographic features. Ground mounted solar energy systems, complying with the height limitations and the required rear yard setback applicable to accessory structures in said zone district, may be located in the rear yard of all non-residential zones. Solar energy systems shall be screened from the view of public streets and residential zones by vegetation, fencing or walls and/or topographic features. (xviii) A solar energy system erected above off-street parking area shall be screened from the view of public streets and residential zones by vegetation, fencing or walls and/or topographic features. Notwithstanding other provisions within this section, a solar energy system erected above a parking area shall be permitted a maximum height of twenty-two (22) feet above the elevation of the parking 5

6 pavement. Mounting equipment necessary for a solar energy system to be installed above parking infrastructure is permitted to encroach the minimum distance necessary into the depth and/or width of a parking space without creating a variance condition relative to the dimension or size of a parking space. (xix) (xx) (xxi) Solar energy systems erected over off-street parking areas or pedestrian walkways shall be equipped with snow and ice cleats. All ground mounted solar energy systems erected above a parking area shall be equipped with exterior lighting systems designed to illuminate the parking facility by providing sufficient, safe, and uniform lighting levels onto the surface of the parking area while avoiding undue glare, light trespass and light pollution by use of fixtures utilizing a sharp cut-off design. When installed as an accessory use on a lot with a principal use or structure, solar energy systems shall be designed and sized to provide energy for the principal use of the property whereon the solar energy system is installed and shall not be for the generation of power for commercial purposes. This provision shall not be interpreted to prohibit the sale of excess power generated from time to time from an accessory use solar energy system designed and sized to meet the energy needs of the principal use located on the same property whereon the solar energy system is installed. This provision is not applicable to solar energy systems installed as the principal use of the property. In these cases there is no other principal use on the property that could utilize the energy generated by the solar energy system. Section 4 All Ordinances of the Borough of Oakland which are inconsistent with the provisions of this Ordinance are hereby repealed to the extent of such inconsistency. Section 5 The terms and provisions of this Ordinance are hereby declared to be severable; should any part, portion or provision of this Ordinance be held unconstitutional or invalid, such decision shall not affect the validity of this Ordinance as a whole, or any other part hereof. Section 6 This Ordinance shall take effect upon final passage, approval and publication as required by law. ATTEST: BOROUGH OF OAKLAND COUNTY OF BERGEN STATE OF NEW JERSEY Lisa Duncan, Borough Clerk By: Linda H. Schwager, Mayor 6

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