October 3, 2012 THE VILLADOM TIMES I • Page 11 Franklin Lakes New ordinance regulates solar energy systems by Frank J. McMahon The Franklin Lakes Council has adopted an ordinance to establish regulations for solar energy systems that provide power for the principal use of properties in the borough. The ordinance states that solar energy is an abundant, renewable, and nonpolluting energy resource and converting solar energy to electricity will reduce the borough’s dependence on non-renewable energy resources and decrease the air and water pollution that result from the use of conventional energy sources. The council also found that solar energy systems will enhance the reliability and quality of the power grid, reduce peak power demand, and help diversify the state’s energy supply portfolio. In addition, solar energy systems make the electricity supply market more competitive by promoting customer choice. According to the ordinance, solar energy systems will only be permitted as an accessory use on the same lot as the principal use, and all solar energy systems must receive planning board approval prior to installation. Those installing the systems must also obtain a permit from the borough’s construction official. The ordinance was slated for adoption in August, but the planning board made some minor changes to the proposal, which delayed its adoption until September. Those changes include making the external disconnect switch from a reflective material, adding a minimum of a fourfoot pathway on the roof in non-residential zones, ensuring that electric and utility wires are buried underground in accordance with NEC and the Uniform Code of Construction requirements, and acknowledging that existing alternate energy sources that are approved and in operation when this ordinance is adopted may continue to operate unless they are upgraded for reasons other than normal maintenance. Under the ordinance, solar panels will be permitted as a rooftop installation in any zoning district, but they cannot exceed a height of eight inches from the rooftop in a residential installation. In any flat roof installation, the rooftop installation panels cannot exceed three feet in height from the rooftop, but in no event, can the placement of the solar panels result in a total height, including building and panels, that is not permitted in the zoning district in which the principal building is located. Ground arrays of solar panels will be permitted in non-residential zones, but not in residential zones. Ground arrays must not be located closer than 50 feet to the nearest residential property zone line, and must not be closer than 25 feet to any property. They will not be permitted in a front or side yard, and they must not exceed seven feet in height and may not be used for any other purpose below the ground array. In addition, ground arrays must not exceed 50 percent of the principal building floor area, and they must be located so any glare is directed away from an adjoining property. Ground arrays must also be a minimum of 15 feet from any building or structure. The solar energy systems must not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the system, and in no case may any identification be visible from a property line. All solar energy systems must conform to the provisions of the borough code for buffer and planting requirements with respect to tree removal, replacement, and protection of no disturbance zones. Any trees or shrubs to be removed to accommodate the installation of a solar energy system must be accompanied by a plan demonstrating the need to remove the trees and replacement of the trees in accordance with the provisions of the borough code. The design of a solar energy system must, to the extent reasonably possible, use materials, colors, textures, screening, and landscaping that will blend into the natural setting and existing environment. The ordinance contains provisions for existing alternative power sources that have been approved and are in operation as of the date of the passage of this ordinance, and for the abandonment of solar energy systems. Prior to the adoption of this ordinance, the borough council adopted an ordinance that implements a fee schedule for solar energy systems.