T.F. drafts ordinance on wind, solar power

T.F. drafts ordinance on wind, solar power
Rooftop wind turbines would be permitted
BY KENNY WALTER Staff Writer

TINTON FALLS — The Tinton Falls Borough Council said last week that they are committed to adopting an ordinance regulating wind and solar energy for property owners by the end of the summer.

The council discussed the topic during the June 1 workshop meeting at which Borough Attorney Brian Nelson presented the council with a draft of the proposed ordinance.

Councilman Andy Mayer explained the impetus for the ordinance.

“Sustainable New Jersey, as well as the [borough] Environmental Commission and the Planning Board really had a lot of discussions as to the need to have some kind of guidance as far as the residential deployment of both solar and wind within the borough,” he said. “It was discussed at these committees for a good length of time.

“We looked at some models that were on the website for NJ Clean Energy,” he explained, adding that the Galloway Township ordinance is being used as the model for the Tinton Falls ordinance.

“We saw a lot of things that we liked, and we asked Brian to put together an ordinance that would be specific to our borough. This particular draft has been reviewed within both the Planning Board and the Environmental Commission, and I guess it’s in front of the council now.”

Nelson said he previously presented the council with a draft ordinance in April but has made some changes since then.

“One of the more significant changes I made for council to consider was based on the recommendations of the Planning Board and was regarding the installation of small wind turbines to be located on the roofs,” he added. “Under the prior draft, it was not permitted.”

“This would now allow rooftop installation of certain wind turbines subject to certain standards.”

Nelson said that properties of 1 to 3 acres would be permitted to install wind turbines up to 6 feet tall, and properties over 3 acres would be able to install turbines up to 12 feet tall. No more than one wind turbine would be permitted per residential property.

Nelson said he doesn’t expect residents to have a problem sticking to the height requirements.

“Every day there are more and more different designs,” he said, “most of which, on the rooftop installations that I looked at, … do not exceed these height standards.

According to the draft ordinance, current zoning regulations do not address solar or wind power, and the council wants to standardize and streamline the requirements.

The ordinance also addresses solar energy systems, specifying that the solar panels shall not exceed a height of 12 inches from the rooftop, and “ground arrays” should not exceed a height of 12 feet.

The ordinance also states that ground systems must not create a glare for adjoining properties and will not be permitted in a front yard or within 20 feet of a property line.

One of the provisions Nelson said he wanted to avoid with this ordinance was allowing people to go “off the grid,” meaning they would be self-sufficient, without the need for power supplied by a public utility.

“It is a policy determination, but I suspect that problems could arise from allowing that under this ordinance,” he said. “It is not something I incorporated into this, to allow people to go completely off the grid, but it is something the council can consider.”

Nelson also said that he did not want to put in any language that would allow property owners to sell back power to a utility.

“There were also some questions regarding the ability of people to sell their power back, and there are DEP regulations that basically say people can’t start their own power plants,” he said. “Any equipment installed has to be installed for the use of the property it’s installed on.

“It can’t be a for-profit enterprise and try to become a power plant,” he added. “We can’t allow something of that nature to take place.”

Nelson explained that even though there are requirements for the wind and solar power, property owners could seek a variance.

“There can always be a variance granted if somebody has a unique situation where they need more power,” he said.

Councilman Gary Baldwin said he wanted the ordinance to be adopted as quickly as possible.

“I think we need to move as quickly as we can on this,” he said. “We need to get this done quickly so we can get out ahead of somebody that comes up with an application, so the boards could act appropriately.

“I’d like to see it on the agenda for the next meeting [June 15] for introduction,” he added.

Borough Clerk Karen Mount-Taylor said that because of state regulations, the borough couldn’t move that quickly.

“Keep in mind, this is a land-use ordinance,” she said. “It has to go back to the Planning Board [after it’s introduced] for 35 days before it can come back.

“I can’t set a public hearing until after 35 days.”
Contact Kenny Walter at
kwalter@gmnews.com.