Opinion: N.J. Towns Should Play Strong Role in Determining Where Solar Fields are Built

All municipalities in New Jersey must have master plans and zoning regulations that determine and limit the use of every piece of property within each community. An important planning tool and public safeguard, zoning defines permitted uses for properties throughout a municipality. For example, if a landowner is offered a large sum of money to allow a shiny new incinerator or a nuclear waste facility to be sited on his farm, he will not be allowed to do so — zoning regulations would preclude such an alternative use and serve as protection for surrounding landowners. While it sounds attractive to declare, “I can do whatever I wish with my property,” the fact is that no one can just do whatever they want with their property. Sometimes, municipal leaders are called upon to defend the municipal master plan and zoning for the protection of the entire community.

In the case of renewable energy, New Jersey should put solar energy facilities where they belong, looking first to rooftops on our extensive array of warehouses, shopping centers and office complexes, on parking facilities and carports, and on brownfields, landfills and redevelopment sites. Solar projects that directly power businesses, including agricultural operations, so as to reduce energy operating costs, should be encouraged as long as the primary use of the land remains. Net metered projects for existing businesses offer a dual benefit to communities by greening our environment and reducing energy costs, enabling the businesses to operate at a more competitive cost and be more apt to stay in New Jersey and in our towns. This keeps jobs and local shoppers here and even provides for potential expansion of existing businesses and creation of additional jobs.

As pointed out by Michelle Byers, executive director of the New Jersey Conservation Foundation, “Agricultural land that is supplying food and pastoral beauty, fighting global warming and providing an alternative to sprawl shouldn’t be diverted for energy generation.” As encouraged by Chris Strum in a recent NJ Future article, “Discouraging utility-scale solar development on farmland would ensure that agriculture retains its role as a thriving contributor to the Garden State’s economy, environment and quality of life.” The governor’s proposed Energy Master Plan expressly states that “the policy of encouraging the development of renewable resources should not impact the preservation of farmland and open space,” and the administration “does not support the use of ratepayer subsidies to turn productive farmland into grid supply solar facilities.” We strongly agree that siting solar facilities should be prioritized by statewide policy and that our taxpayer funds should not be used to incentivize and subsidize the use of productive farmland for large-scale commercial grid solar facilities.

However, New Jersey legislators have once again intervened, undermining local zoning and planning by declaring utility-scale solar facilities on farmland “inherently beneficial uses,” making it difficult for local officials to identify appropriate sites for renewable energy projects and undermining their ability to regulate these sites. (Recently, by unilateral fiat from Trenton, New Jersey legislators similarly interfered with local prerogatives, declaring that approved age-restricted housing developments could now become family housing — in total disregard of local master plans and zoning and dismissing the public process and public input.)

When the state allows local zoning to be disregarded, it creates problems for local officials and residents. When residents complain about the panels’ glare and the trash that collects on solar farms or the stunning visual pollution of previously green farms that now host equipment and thousands of ground panels, they do not go to the Legislature or the property owner — they show up at the mayor’s office and are often shocked to learn that the Legislature has rendered him or her powerless to fix the residents’ problem. Mayors who are on the front line with their citizens and sit on local planning boards understand the nature of issues and concerns that need to be addressed before such projects are permitted to be built.

We support encouraging the use of renewable energy, but the promotion of this good goal should not be made at the expense of other important and equally worthy land uses and planning goals, such as the preservation of farmland and open space.

As a result of substantial federal and state public subsidies, New Jersey legislation that favors renewable energy and the absence of a thoughtful, balanced state policy that considers its priorities, a general free-for-all is created that does not well serve our state and the public. Because of New Jersey’s small size and the significant effects caused by large-scale ground solar arrays, the issue as to whether a solar installation is the appropriate use for a given parcel of land is particularly critical. The significant drop in solar project construction costs, development of more advanced renewable technology and options, and the current crash in the solar credits market all further underscore how important it is that state officials move expeditiously to resolve these important policy and fiscal issues.

SOURCE: http://www.nj.com/times-opinion/index.ssf/2011/11/opinion_nj_towns_should_play_s.html