§ 244-133.1. Solar energy facilities.

Solar energy facilities may be permitted as a conditional use in those zoning districts specified, provided the following standards are met:

A. 

Public service infrastructure necessary to support the solar energy facility is available, or can be provided without any off-site development in the PA, FA-1, FA-2 or FA-3 Zone;

B. 

The solar energy facility, including any proposed off-site infrastructure, shall be located and screened in such a way as to minimize visual impacts as viewed from the Toms River, publicly dedicated roads and highways, low-intensity recreational facilities and campgrounds and existing residential dwellings on contiguous parcels;

C. 

Should the development of new or expansion of existing nonsite or off-site infrastructure be necessary to accommodate the solar energy facility, clearing shall be limited to that which is necessary to accommodate the use. New rights-of-way shall be limited to a maximum width of 20 feet, unless additional width is necessary to address specific safety or reliability concerns; and

D. 

Any solar energy facility shall be decommissioned within 12 months of the cessation of its utilization. Decommissioning shall include:

(1) 

Removal of all energy facilities, structures and equipment, including any subsurface wires and footings, from the parcel;

(2) 

Restoration of the parcel in accordance with § 244-79B(4), unless restoration is unnecessary because the parcel is to be put into active agricultural use or approved for development in accordance with this chapter within that twelve-month period; and

(3) 

Any other measures necessary to address ecological and visual impacts associated with the solar energy facility, including the removal of off-site infrastructure and restoration of affected lands.

Added 8-12-2014 by Ord. No. 13-14