The Township Committee will consider an ordinance establishing standards for renewable energy facilities in Bordentown Township.
by James McEvoy, Managing Editor
BORDENTOWN TOWNSHIP — The Township Committee will consider an ordinance establishing standards for renewable energy facilities in Bordentown Township.
The measure was introduced at the Jan. 27 meeting. A public hearing has been tentatively scheduled for Feb. 24 after which the ordinance could be adopted.
According to township officials, since the ordinance impacts land use, the planning board must also provide input on the ordinance, which had been introduced previously, but was tabled due to some gaps in the proposed regulation, according to officials.
”The only reason that it was delayed was to try to make it better and more comprehensive,” Deputy Jim Mayor Cann said after the meeting. “We were just trying to leave as few gaps as possible, but at the same time to make it a workable solution for everyone where they wouldn’t find it an onerous regulation.”
He also noted the measure would also address safety concerns from emergency personnel.
”We had a fire at the Ramada Inn a little while back and one of the problems was there was no way for the firefighters to do their job safely (due to solar panels),” he said. “Frankly, there are no provisions in the law for that, so we wanted to see what we could do.”
He also noted the Dietz & Watson fire in Delanco last year in which the presence of solar panels similarly inhibited the ability of firefighters to extinguish the blaze.
Though the matter is addressed in a general sense in the ordinance, he said they were informed by the state that the ordinance could not address it with specific regulations.
According to a copy of the proposed ordinance provided by the township, all major solar or photovoltaic energy facilities/structures can only be constructed on lots with a minimum area of 10 acres.
In addition, the minimum front, side and rear yard setbacks are 75 feet, and the maximum height of any structure — including panels and inverters — will be 15 feet.
Another provision is that no such facility, with the exceptions of fencing, access roads and non-energy generating equipment, will be situated within 400 feet from any residence or 150 feet from any accessory structure — whether said residence or structure is located on the same or an adjacent property.
Landscape buffers are also required to be installed to shield the facility, related structures and parking from public view. Such buffers must be no less than 50 feet in width, containing three rows of trees.
In the case of a minor ground mounted solar facility used as an accessory use it must provide no more than 110 percent of the average annual electric use for said property, or 110 percent of projected annual use for new construction.
Similar to more major structures, height for minor accessory solar structures are restricted to no more than 15 feet.
Additionally, structures can only be located in a rear yard and must be screened on all sides by 20-feet wide buffers.
The ordinance also provides standards for solar structures mounted above parking lots, which are considered as accessory uses similar to the minor structures.
In the case of parking-lot mounted solar facilities, maximum permitted height is slated to be 20 feet. Such structures must also be situated within rear yards and the minimum side and rear yard setback is proposed to be 50 feet or 100 feet if situated adjacent to non-residential and residential structures, respectively.
Prior the introduction, Committeeman John Moynihan, said he is eager to have the public discuss the measure further despite the fact he said he believed the ordinance might apply standards not applicable to other types of energy facilities.
”My concern is that the way I read this ordinance it seems to somewhat discourage solar development.
”I live next to a propane gas plant,” he added. “I think it’s kind of unsightly. I don’t know if someone were building a new propane gas plant, storage and distribution facility in the township if they’d be obligated to meet the same screening requirements this ordinance would impose on solar panels.”
The measure had been in the works for the previous year after the environmental commission first broached the possibility of the ordinance.