solar siting and sustainable land use - anjec siting and sustainable land use with the rapid growth...

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ASSOCIATION OF NEW JERSEYENVIRONMENTAL COMMISSIONS

P.O. Box 157, Mendham, NJ 07945 • Tel: 973-539-7547 • Fax: 973-539-7713 • Web site: www.anjec.org • Email: [email protected]

Solar Siting andSustainable Land Use

With the rapid growth of New Jersey’s highlyincentivized solar industry, a new type of develop-ment pressure has emerged. There is growing momen-tum to build large, utility-scale solar electric generat-ing facilities on farmland, open space, forests andenvironmentally sensitive areas.

Solar electric generation is an integral part of advanc-ing New Jersey’s clean energy goals, and is a keyelement of our State’s Energy Master Plan (EMP);however, sacrificing thousands of acres of productive,open land to vast, ground-mounted solar arrays isneither necessary nor prudent in America’s mostdensely populated state. New Jersey can easily realizeits solar electric generation goals by locating solarprojects in already developed areas, abandonedmineral extraction sites, rooftops, brownfields, land-fills, and over new and existing impervious areas.

Because municipal governments control land usewithin their boundaries, they are empowered to ensureappropriate siting and conditions for large-scale solardevelopments. The purpose of this paper is to helpequip municipalities with information and tools to:

● assess the impact of proposed solar farms;● determine optimal siting for solar facilities within

their community, based on their master plans;● enact ordinances that promote appropriate solar

development while conserving land and protectingcritical resources.

We will also discuss specific actions municipalgovernments can take under existing law to assureharmonious integration of these facilities into theexisting land use pattern.

THE RIGHT PLACE FOR SOLARNew Jersey’s Municipal Land Use Law (MLUL) nowdefines solar electric generating facilities as “inher-ently beneficial uses;” however, the law has notremoved the necessity to prove that the solar facility

will not frustrate the overall planning efforts of thetown or become a detriment to the well being andsafety of the community. In other words, inherentlybeneficial does not mean “permitted.” As in all goodplanning, balance is critical. Municipalities cananticipate the most appropriate location for large-scale solar facilities through their zoning andplanning without compromising productive farmland,forests, and sensitive environmental areas. Definingthe proper location for the solar electric industrywill facilitate clean energy production whileavoiding unwanted environmental, planning andpolitical impacts.

If one of our objectives is to meet our energy goalswith the minimum use of scarce land, we should firstbe encouraging roof-mounted or other flat installa-tions on existing impervious cover or already dis-turbed areas. The modest goals of New Jersey’sexisting renewable energy portfolio are achievableand even higher outputs are possible without

The first state-owned landfill solar farm in Kearny, NJGovernor’s Office/Tim Larsen

2 ANJEC White Paper – Solar Siting and Sustainable Land Use

compromising natural processes or consuming largetracts of undeveloped land.1

New Jersey’s 2011 EMP does not support the subsi-dized conversion of productive farmland to solarenergy uses, stating: “Although a number of utility-scale solar installations have been proposed for, andinstalled on, what were previously working farms, theChristie Administration does not support the use ofratepayer subsidies to turn productive farmland intogrid-supply solar facilities.” (NJ 2011 EMP, p.107)

WHAT IS A“UTILITY-SCALE” SOLAR PROJECT?In this paper, the term “utility-scale” facilities refer tosolar facilities that:

● are connected directly to the distribution system,not net-metered (Under net-metering, a systemowner receives retail credit for unused energygenerated.)

● are larger than 1Megawatt (MW)● involve intensive land use, and● have significant connection and financing

requirements.

This paper will not address the siting of residential orcommercial net-metered facilities that serve individualhomes or businesses, net metered and solar aggregatedgovernmental or school facilities, or solar installationsthat supply energy for commercial farms, includingthose on preserved farmland.2

This paper also does not deal with other renewableenergy facilities, including wind, biomass, hydroelec-tric or tidal-electric.

WHY HERE AND WHY NOW?Several factors have been driving the solar develop-ment boom:

● State and federal incentives have made large-scalesolar projects more attractive to investors.

● Developers can earn Solar Renewable EnergyCertificates (SRECs), tradable certificates issuedto solar energy generators.

● The competition for grid access without triggeringcostly capital upgrades to substations and connect-ing lines has resulted in a “grid space race.”

● During the prolonged economic slump, solardevelopment has provided jobs to help jumpstartthe economy.

● The depressed housing market has led landownersto seek alternatives to traditional real estate devel-opment.

Farmland throughout New Jersey has become an easytarget, especially where land is cleared, relatively flatand affordable with sufficient electric utility intercon-nection locations (substations) present. However, aswith any development, careful planning and appropri-ate siting are essential. Integrating this desirabletechnology into the municipal planning framework ischallenging many municipalities.

Solar panels oncarport parkingfacility at MennenSports Arena inMorristown, NJMorris County Park Commission

1. As of January 2010, the Solar Energy Advancement and FairCompetition Act requires energy suppliers to procure 2,164 GWhGWh (1803 MW) of instate solar electric generation per year by2021, and at least 5316 GWh (4,430 MW) by 2026 and each yearthereafter. Meeting these goals solely with ground mounted (tilted ortracking) installations would consume 5600 acres (8.8 square miles)by 2020. By 2026 the higher goal of 5,316 GWh (4,430 MW) wouldrequire 16,000 acres (24 square miles).Less land-intensive rooftop installations would enable New Jersey tomeet the 2020 goals by covering only 4.23 square miles of flat-mounted photovoltaic panels, and 11.73 square miles of panels in2026.

2. Energy generation on preserved farmland, authorized under P.L.2009, c 213 www.njleg.state.nj.us/2008/Bills/PL09/213_.PDF


Planning and zoning boards of adjustment havereceived many large-scale solar facility applicationsthat propose, in aggregate, to convert thousands ofacres of prime agricultural soils to “solar farms.” Inaddition to jeopardizing prime agricultural soils,applications may also propose to clear woodlands,displace existing wildlife habitat, disturb wetlands andtransition zones, and place solar arrays within the 300-foot riparian buffers required for Category 1 (C-1)waterways and Highlands Open Waters.

THE ECONOMICSOF SOLAR SITINGNew Jersey’s solar resource, while not outstandingcompared with the southwestern US, is relativelyevenly distributed over the state.3 Generally, theamount of solar energy reaching the earth’s surface inNew Jersey is roughly between 4 and 5 kilowatts persquare meter daily (kWh/m/day).

This “middling” solar intensity leads solar developerstoward maximizing output per panel. Because thepanels represent a large portion of the cost of a solarinstallation, solar developers try to obtain the greatestyield from each panel by favoring tilted panels andpanels that track the sun throughout the day. These aretypically used on ground-mounted arrays.

Although the tilted and tracking systems producemore power per panel, they must be installed in aconfiguration that prevents the panels from shadingone another and, particularly for tracking panels,allows for servicing and maintenance. Because of thisneed for space between panels, ground-mountedsystems are extremely consumptive of land. They usemore land per unit of electricity produced than roof-mounted systems. Thus, low-cost, “vacant,” agricul-tural land that typically is flat, clear and ready todevelop in large parcels is far more attractive to solardevelopers than expensive retrofits to existing roof-tops, parking lots and brownfields.

Flat-mounted, rooftop panels use less space per unit ofelectricity produced because they can generally bepacked more closely together than ground mountedsystems. As a result, flat-mounted systems producemore electricity from a given land area. They have theadded advantage of occupying sites already devoted toanother use, rather than land suitable for agriculture orother environmental functions.

Solar development pressure has been greatest in thesouthern part of the State, where land prices are gener-ally lower and parcels are larger than in the north. Thesolar resource in South Jersey is also slightly better.Conversely, in the northern part of the State where landprices are higher and parcels are smaller, there aremore flat roofs and impervious cover suitable for flat-mounted systems and the energy produced has lessdistance to travel to where it is needed.

WHAT’S AT RISK?The rush to gain approval for large solar projects isbeing driven primarily by financial incentives, such asthe solar renewable energy credit (SREC) program andfederal tax credits and not necessarily by sound plan-ning or engineering principles. Developers of manyproposed projects have not conducted the studiesrequired to obtain permission to connect to the distri-bution system nor have they secured the financingrequired for construction.

Serious environmental and economic risks could resultfrom haphazard conversion of farmland to solar energygeneration. Some issues to consider include:

● Environmental degradation – Ground-mountedsolar development could impact stormwater runoffpatterns and compromise natural resources andcritical areas.

● Local food – Further conversion of farmland toenergy production could reduce access to fresh,locally grown food.

● Agricultural impacts – Solar developers generallyare willing to pay far more for land than farmers.Competition for leased acreage is especiallyproblematic.

Roof-mounted solar panels at Mennen Sports Arena inMorristown, NJMorris County Park Commission

3. Amount of solar radiation reaching the earth’s surface throughout theUS www.nrel.gov/gis/solar.html/images/images/images/map_csp_national_lo-res.jpg


● Jobs impacts – Many renewable technology jobsare out-of-state, and the local jobs associated withsolar installation tend to be short-term. On theother hand, agriculture in New Jersey employsthousands of people in packing, warehousing,cold storage, transportation, farm equipmentsales and service of farm equipment, seeds, andirrigation.

● Undermining comprehensive plans – Haphaz-ardly devoting more prime agricultural land tosolar development could undermine existingfarmland/open space plans. Diverting large tractsof land zoned for other desired purposes, suchas commercial or industrial uses, could alsoundermine the intent of a town’s master plan andzone plan.

● Destroying habitat – due to a lack of scientificresearch on the long-term impacts of large-scalesolar development on wildlife within the North-eastern Climate Region, it is not clear how in-appropriate siting might affect wildlife and lead toloss of species habitat. However, it is clear thatsites generally exclude larger terrestrial wildlifeand remove most if not all of the existing vegeta-tion except for short grasses.

● Decommissioning and disposal – Fast-evolvingtechnologies could lead to decommissioning anddisposal issues for abandoned or obsolete panels.4

● Impacted scenic views and vistas could affecttourism, compromise valuable cultural landscapesand result in a loss of sense of place that is highlyvalued in the community.

THE ROLE OF STATE LEGISLATIONThe rush to foster New Jersey’s clean energy futurehas led to a flurry of legislative activity relating tosolar energy. Much of this activity is taking placewithout benefit of a coherent overall energy policy,policies on renewable energy development or withina comprehensive framework for environmentalprotection or land use planning.

In the absence of comprehensive statewide policies,it is important that municipalities carefully considerhow solar development will be integrated into thelocal land use planning framework. Local govern-ments still have the power to create siting criteria forsolar developments within the context of normal landuse regulatory practices.

See Appendix A for a summary of recent legislationand the implications for municipalities.

PLANNING WITH PURPOSEIntegrating large-scale solar facilities into the existingmunicipal land use framework without compromisingother planning objectives affecting natural and culturalresources presents unique challenges and requiresspecific fact-based responses.

In order to effectively direct where solar developmentshould and should not go, municipalities will need tosupport their actions with proper planning documentsand ordinances, or they will be left to respond toindividual variance applications in a piecemeal fashionor be exposed to legal challenge.

Planning objectives might include:● Encouraging solar siting on rooftops, existing

impervious surfaces, brownfields, quarries andsand and gravel pits;

● Keeping farmland, parks and preserved lands,environmentally critical areas, wildlife habitats,cultural landscapes and scenic vistas either offlimits to large-scale solar development or, if permit-ted, establishing conditions to mitigate impacts;

● Reserving sewer service areas for desired residen-tial, commercial or industrial development;

● Avoiding development of land-intensive solarprojects in areas designated for affordable housing.

Master planning is keyUnder the Municipal Land Use Law, towns can regulatethe location, scale and character of utility scale solarfacilities to protect the public health, safety and wel-fare, but most New Jersey communities have notanticipated the recent demand for solar facilities andconsequently have not adequately addressed this typeof land use in their master plans and zoning ordinances.It is critical that the master plan and any ordinancesadopted to regulate solar facilities are consistent withone another.

The master plan should contain a clear vision statementand description of what is essential to the future well-being of the town. A master plan can set forth potentpolicies that detail the town’s objectives of ensuringcompatibility between sustainable energy goals andsustainable agricultural and environmental protectionpolicies within the community.

Many municipalities are trying to identify ways todetermine suitable placement for large, commercialsolar installations. Large solar fields occupying hun-

4. Recycling solar collectors is technically feasible and is happening inthe European Union. However, there currently is no requirement forsolar panel recycling in New Jersey. First Solar is a photovoltaic panelmanufacturer that collects and recycles its panels. www.firstsolar.com/en/Sustainability/Environmental/Module-Collection-and-Recycling-Program.


dreds of acres may competedirectly with other planningobjectives, particularlymaintaining sustainableagriculture in the municipal-ity. Solar developers oftenoffer landowners higherprices than the establishedfarmland preservation pro-gram can pay, interfering with municipal farmlandpreservation objectives. A municipality may adopt afarmland preservation plan element of the master plan,which can be a powerful tool in setting forth thecommunity’s commitment to the industry of agricul-ture and farmland preservation. Municipalities cantarget land for preservation within the county’s desig-nated Agricultural Development Areas and ensurecoordinated planning for preservation with open spaceand recreation plans.

Soil quality is an important criterion for determiningthe areas where farmland preservation should be aplanning priority. Many municipalities have desig-nated certain types of soils, especially prime soils, asimportant indicators of agricultural quality. Otherdetermining factors for preservation include parcelsize, locations of other preserved farmlands, and thecontiguity of agricultural land uses.

Gather informationThe planning process begins with fact finding todevelop a clear picture of what the proposed use willmean for the town. Examining and visiting otheroperational solar sites is recommended.

The environmental resource inventory (ERI) canprovide an excellent foundation of background infor-mation. Its maps should show the location of primeagricultural soils and sensitive environmental featureslike streams, floodplains and forests. Other importantmunicipal planning documents include the open spaceplan and farmland preservation plan. Land use/landcover mapping and impervious cover mapping canbe useful in identifying large roof areas, impervioussurfaces, landfills, quarries, sandpits and otherbarren areas.5

Environmental commissions can review their environ-mental resource inventories and make recommenda-tions to the planning board and governing body forappropriate and inappropriate areas for utility-scalesolar facilities. Large solar facilities should not belocated on existing surface water, beaches and dunesor on wetlands and transition areas, vernal pools andtheir transition zones that are regulated by the NewJersey Department of Environmental Protection (NJDEP). Cemeteries, public parks and other permanentlydeed-restricted open spaces and preserved farmlandare also questionable locations.

Other locations to avoid:● Wildlife habitats● Preserved open space● Stream corridors● Contiguous forests● Vacant land in sewer service areas/areas zoned for

growth● Historic districts, especially when “cultural land-

scape” is a rationale● Scenic views and vistas● Land adjoining/abutting preserved farmland or

preserved open space.

Critical area constraintsSoilsThe ERI soil chapter can help ensure the appropriate-ness of the soil for the proposed use. Many municipalenvironmental resource inventories show certain typesof soils as important indicators of agricultural quality.(See Appendix B for soil classifications.) Otherimportant characteristics are soils with frequentflooding, high seasonal water tables, shallow depth tobedrock, acid producing deposits, and those underlainby cavernous limestone (karst). These factors maypose severe constraints for seasonal access, structuralstability and site design features. Even with facilities

Demonstration solar facility inMiddlesex County

5. NJ DEP GIS data may be viewed and acquired at:www.nj.gov./dep/gis/lists.html.


using steel supports driven 20 feet intothe soil, the extensive trenching mayencounter “running sand” (sandy soilsaturated with water that collapses whentrenched) that can be problematic inwet conditions.

Erosion and runoff potential of thehydrologic soil group may also beissues due to the extensive land clearingand grading.

ForestsIn many regions, upland forests andtrees are of key importance to thehydrologic functioning of the watersheds. Forestedareas generally have higher groundwater rechargerates than other types of land cover, making themimportant to the maintenance of aquifer volume andground water quality. Also, since trees sequestercarbon, clear-cutting of forests to produce “green energy”is not sustainable. In addition, land clearing, coveragewith structures, and fencing destroy wildlife habitat – aparticular consideration in areas of high sensitivity, suchas Natural Heritage Priority Sites, threatened and endan-gered species habitat and critical grassland habitat.

Wetlands and Transition AreasDevelopers should be restricted from locating solarpanels in wetlands. Even if supported by single posts,the installation of solar panels into wetland soils canpermanently damage wetland functions. Use of heavyequipment during installation, maintenance andreplacement could further damage and disrupt thefunctions wetlands serve. Transition areas provideimportant water quality and habitat protection aroundwetlands.6

Solar installations are not specifically mentioned inNew Jersey’s wetlands rules, but the rules have suffi-cient scope to control these activities in wetlands andtheir buffering transition zones. The clearing ofvegetation, access by construction equipment andshading of the ground by solar collectors wouldnegatively affect wetlands and their transition areas.

Other potential impacts of solar installations in wet-land environments include:

● Loss of the vital carbon sequestration function dueto impaired access to sunlight;

● Permanent compaction of hydric soils;● Loss of light needed for particular vegetative

communities and natural succession;● Invasion of alien weeds due to soil disruption and

reduced vitality and competitive ability of light-loving native wetland species;

● Disruption of animal species using the wetlandhabitat;

● Impairment to the hydrology of the wetland com-plex, due to severe slowing of evapotranspiration;

● Reduced ability to absorb nutrients and filterpollutants due to lack of vegetative biomass;

● Increased erosion and downstream sedimentationdue to the loss of perennial root systems andconversion to alien weeds.

When an applicant proposes to build a solar facility onwetlands or transition zones, municipal environmentalcommissions should take full advantage of the publiccomment provisions of the Freshwater Wetlands rules(www.nj.gov/dep/landuse/fww.html).

Riparian zonesand flood hazard areasSolar projects located in flood hazard areas, eitherfloodway or flood fringe areas, pose serious concernsabout panel stability, electrical malfunction, damagefrom flood debris and lack of access during floods.

Since solar fields involve removal of all naturalvegetation, they are unsuitable for riparian zones,which support the important functions of filtration ofsurface runoff, discharge of groundwater, wildlifeinteraction between aquatic and terrestrial environ-ments, stream shading and a host of other chemicaland biological functions.

6. New Jersey protects wetlands under the Freshwater WetlandsProtection Act (www.state.nj.us/dep/landuse/13_9b.pdf) andsubsequent NJ DEP regulations (www.nj.gov/dep/rules/rules/njac7_7a.pdf). The Act preempts local authority to regulate fresh-water wetlands.

Solar panels on building and parking lot in Bridgewater, NJKerry Miller


Municipalities should make sure that their ERIs andmaster plans contain up-to-date flood mapping bychecking FEMA’s recently updated flood maps.7 Theriparian areas required by NJ DEP’s Flood Hazard AreaControl Act Rules NJAC 7:13, should be clearly shownon the ERI maps.

LOCAL ORDINANCESARE ESSENTIALUsing the ERI’s information on environmentallysensitive features, the master plan’s farmland preser-vation priorities, and other planning documents,municipalities should develop an ordinance thatcontrols where large solar facilities are allowed andwhat conditions they must meet.

Ordinances should regulate utility-scale solar in amanner that realizes both the need for these facilitiesand the associated impacts. They should also considerwhether an alternative use of the land might have agreater undesirable impact. In the current economicdownturn, landowners are looking for revenue withoutmajor permitting or investment, which could lead toimportant tracts being committed to solar energygeneration for an extended period.

In land use ordinances, municipalities have a choice ofregulatory options for solar development:

● Not Permitted Use: The ordinance may prohibitthe use in a particular zone, or be silent and notmention that it is allowed. In this instance, thedeveloper would have to apply for a use variancefrom the zoning board of adjustment (or land useboard where zoning and planning boards arecombined);

● Permitted Use: The ordinance can permit solarfacilities in specific zoning districts where thetown wishes to encourage their location. Thisapproach would not preclude applications forfacilities within other zones through the usevariance process. The permitted use could beeither the primary use or an accessory use. Utility-scale facilities by their nature are usually consid-ered to be primary uses.

● Conditional Use: Municipalities can regulateutility-scale solar facilities as a conditional use,and define the conditions under which such devel-opment would be permitted.

Use variancesBecause many municipalities have not yet passedsolar ordinances to specifically allow or condition theuse in particular zones, boards of adjustment arehearing many applications for use variances. Usevariances are one type of “d variance,” so namedbecause it comes from paragraph (d) in the MLUL,40:55D-70(d). In a variance format, each case is heardindividually, “positive” and “negative” criteria areapplied and specific findings are made. Decisions byzoning boards of adjustment do not set precedent forfuture cases.

Using the variance process to consider large-scalesolar applications has several disadvantages:

● Projects may be proposed in any zone, resulting ina potentially chaotic mixture of solar projects andother uses.

● The projects may clash with other municipalplanning objectives, particularly agriculturalpreservation.

● The board of adjustment has less experienceevaluating comprehensive impacts of such large-scale applications, because site plans usually go tothe planning board.

Municipal boards have a legal disadvantage in re-sponding to solar variance requests. The New JerseyLegislature has given solar facilities several advan-tages that can influence the variance process. Ofparticular note is the designation of both solar andwind facilities as “inherently beneficial uses.”8

By definition, inherently beneficial uses satisfy thepositive criterion for use variance approval.

Conditional UseThe conditional use designation has certain advan-tages in regulating commercial solar energy facilities.

● The ordinance sets defined and predictable condi-tions under which the facility would be permitted,which is important to the review board and theapplicant.

● The impact on the land is controlled (i.e., theimpact on highly productive lands is minimized).

● It enables towns to balance sustainable agricultureand sustainable energy objectives.

● It establishes objectives of the zone plan regardingutility-scale solar, which must be recognized in thereview of the negative criteria when developersseek variances in other districts or from the condi-tional use standards.

● It specifies facility closure procedures and assur-ances.

7. FEMA Map Service Center – www.fema.gov.

8. www.njlandlaw.com/archives/280#more-280 provides a descriptionof the term “inherently beneficial use” in general and as it applies tosolar and wind facilities in New Jersey.


● It may enable application of stormwater manage-ment performance standards.

The ordinance can provide a well conceived andreasonable set of conditions that address bulk require-ments, visual and offsite impacts and facility location.

In developing conditional use requirements, land useboards can use different considerations and guidelinesfor various types of solar developments, including:

● Small scale accessory use for home, business orinstitutions;

● Agricultural accessory use;● Principal use on publicly owned land or redevel-

opment areas;● Principal use on private land (commercial).

Where?The ordinance can prohibit utility-scale solar inspecific areas. These could include areas targeted forresidential or commercial growth enabled by plannedor existing water and sewer systems. Many communi-ties have planned and zoned for center-based develop-ment and redevelopment areas. Because available landis scarce in these zones, large ground-mounted solarfacilities should be precluded, but roof-mountedfacilities and installations on impervious surfacesshould be allowed.Municipalities may wish to allow facilities on largerooftops, above existing impervious areas, on desig-nated brownfield sites or landfills, and in abandonedquarries or sand and gravel extraction sites.

Delineated critical areas can also be protected, eitherwith specific standards or by carefully defining thepermitted use area. The ordinance could require thatprime soils receive higher protection, and it coulddefine setbacks and buffers from adjacent farmingoperations, residential areas and open spaces. Theordinance should require an applicant to submit anadequate geotechnical report to support decisionmaking with information on soil conditions, depth tobedrock, and water table levels.

An ordinance could also require landscaping plansthat include native vegetation. Vegetation can berequired to screen perimeter fencing, which can be up

to seven-feet high, topped with barbed wire. Darkcolored chain link fencing can be specified to reducevisual impacts. Even in industrial zones, an ordinancemay set requirements like setbacks, buffers andstormwater control and address accessibility forservice and emergencies. The ordinance should alsoinclude noise standards and setback provisions for theinverters to assure that their fan noise does not botherneighbors.

A municipality can consider allowing solar on somefarmland if it has confidence that the land can returnto agricultural use at the end of the facility’s life span,typically assumed to be 20 years. Solar ordinancesshould require a decommissioning plan for when asolar installation reaches the end of its productive use.The ordinance can include conditions to ensure thatfuture use is possible by limiting soil removal, im-pervious cover, controlling coverage by stone orgravel, limiting soil compaction, and requiring soilrestoration.

Some municipalities have proactively addressed sitingand zoning requirements through the adoption ofordinances.9 The Pinelands Commission10 and theState Agricultural Development Committee also haveadopted guidance to assist municipalities in develop-ing their own ordinances.

Critical Areas OrdinancesThe municipality can pass other ordinances thatprotect natural resources when solar and other types ofdevelopment are proposed for the town. Unlikefreshwater wetlands law, no State statute preempts

Ground-mounted solar array

9. Hamilton Twp., Mercer County, has a very comprehensive ordi-nance. (www.hamiltonnj.com/filestorage/83868/83968/97152/47798/Ordinance_11-043.pdf). Kingwood Township passed a solarordinance (No. 16-16-2010) and Pemberton was considering one atthe time of this printing. (http://m.b5z.net/i/u/6106776/f/Establishing_solar_energy_systems.pdf).

10. www.state.nj.us/pinelands/cmp/amend/index.html


municipal regulation of flood hazard areas. Althoughmany municipalities rely on the NJ DEP “minimumstandards” under the Flood Hazard Areas Control Act(NJSA 58:16A-62), they have the option to adoptmore stringent rules. Municipalities can also enactstream corridor protection ordinances that requirebuffers along streams to protect water quality andwildlife habitat.

SITE PLAN REVIEWCONSIDERATIONSThe standard components of ground-mounted solarinstallations include: photovoltaic panels (solarcollectors), footings and support structure, wiring,inverters and foundations, access roads, electricalsubstations, transmission lines, perimeter fencing andsometimes small administrative buildings.

Solar arrays can have many different sizes and con-figurations, and the physical character of the sites forsolar panels can vary widely, calling for site-specificconsiderations.

Although each site is unique, it is possible to predictsome impacts of a proposed solar installation based onits configuration. For example, fencing to completelyenclose the site could result in visual impacts. Inaddition, considerable ground disturbance may resultfrom the construction of roads, inverter stations,substations, wiring and other necessary features.Depending on topography, site grading may be amajor issue.

Wetlands In reviewing the application for solar devel-opment, the municipality must know where the wet-lands are and the size of the transition zones. Munici-palities should require that a solar applicant include aLetter of Interpretation (LOI) from the NJ DEP withthe application. LOIs verify the absence or extent ofwetlands on the property and classify the resourcevalue of the wetlands. The resource classificationdetermines the width of the transition area, which mayrange from 0 to 150 feet. If the wetlands have not beenfield verified or if the municipality believes that theLOI is incorrect, it can challenge its contents. Review-ers should be aware that they can participate in thepermitting process at the NJ DEP and should strive tosee that the Freshwater Wetland Rules are strictlyenforced on solar or any other land use application.

Flood Areas The local application should depict theextent of the regulated flood areas. The solar panelsshould not be allowed in the flood hazard areas.

Stormwater Runoff Stormwater management shouldalways be a consideration in siting ground-mountedsolar arrays. While state legislation exempts solarpanels from inclusion as impervious area instormwater calculations, the other elements of a solarfacility are not exempt. Inverters, inverter foundations,access roads, and buildings are required to complywith impervious cover restrictions such as in theStormwater Management Act and NJ DEP rules atNJAC 7:8.

Even though solar panels are exempt from the calcula-tions of impervious cover, ground-mounted solararrays do in fact create runoff impacts. Rainwaterflowing off the edges of the panels strikes the groundsurface in a concentrated way that inhibits infiltrationand could lead to erosion over time, carrying sedimentand polluting nearby waterways. Resulting erosioncould also undermine the stability of the panels. Onsitestormwater management for solar installations iscritical to protect the installation itself and to protectneighboring properties from flooding and damage.

Vegetation removal also causes stormwater impact. Ifforested areas are removed, the change in runoff willbe larger than if agricultural fields are used. Evenamong agricultural fields, runoff potential can varyconsiderably. A meadow in good condition will pro-duce less runoff than a bare field without conservationtreatment.

Grading and compaction may also materially changethe runoff behavior. The municipal engineer shouldcarefully examine the application to identify thesechanges between preconstruction and postconstructionconditions.

If runoff water is directed through channels or into astream, the stability and capacity of the receivingchannels should be assured and the possible impact onadjacent properties should be considered.

Vegetation Clearing Clearing border trees and internalhedgerows to avoid shading the solar panels may materi-ally impact the aesthetics of the roadside view and thecultural landscape. Leaving the vegetation in place andmoving the panels away from the shaded area may bepreferable.

In large-scale solar facilities, most other existingshrubby and herbaceous vegetation will be replacedwith a gravel surface or replanted to grasses, furtherimpacting wildlife habitat. Special shade tolerant seedmixtures can be specified for the areas under the


panels. Native warm season grass and wildflowermixtures, if properly established, do not require fertili-zation or irrigation.11

System AccessConnecting utility scale solar facilites to the electricaldistribution system might require the construction ofsubstations, electric lines and clearing of rights of wayto accommodate them. Connection of these types offacilities to the distribution systems is governed byPJM Interconnection (Pennsylvania-Jersey-Maryland),a regional electrical transmission organization thatcoordinates the movement of wholesale electricity inall or parts of 13 states and the District of Columbia.

PJM requires the following studies before a solarfacility is allowed to tie onto the distribution system.According to PJM:

● Feasibility Study – assesses project practicalityand developer cost to interconnect to PJM. Studyresults provide preliminary estimates of upgradetype, scope, cost and construction lead time.

● System Impact Study – tests deliverability underpeak load conditions and impacts on system stabil-ity. The study provides refined, comprehensive costresponsibility and construction lead time estimatesfor required upgrades.

● Facilities Study – encompasses the engineeringdesign work necessary to begin construction ofrequired expansion plan upgrades to accommodatean interconnection request. Some interconnectionscan combine several stages.

Without these studies, the actual impact and mitigationneeds cannot be known. Municipalities should requirethat the applicant provide evidence of completing allthe required PJM studies as a condition of approvaland review these studies to evaluate the required onsiteand offsite features.

System Components● Solar Panels – Direct, onsite impacts from the

panels themselves are primarily visual. Theyproduce no emissions, light, or noise. Howeverthey are highly reflective, shiny, and have an“industrial” aesthetic character. Review of overalllandscape sighting considerations, setbacks andscreening can sometimes address impacts fromthe panels.

● Footings – The choice of panel mounting systemsshould consider the soil and geologic conditions,as well as the intended future use of the site. If theland is to be available for future agricultural use,permanent mountings such as concrete footingsshould be avoided. On a contaminated site, in acidproducing soils, or over a protective landfill cap,footings should not be allowed to penetrate theground or expose subsoil. For these applications, socalled “ballast systems,” which consist of large boxesfilled with rock or made of precast concrete, cananchor the panels without penetrating the ground.Other types of mounting systems include some thatare simply pressed into the soil hydraulically andothers that are screwed into the soil. Issues of con-cern for municipalities include shallow depth tobedrock, high seasonal water tables, acid producingdeposits or cavernous limestone (karst).

● Wiring – The wiring connecting the solar panelstogether may be run in underground trenches or inconduits on the surface. Surface mounting isgenerally preferable for contaminated sites orabove landfill caps to avoid the need for excava-tion, backfilling and surface stabilization associ-ated with trenching. Soil conditions that mayinterfere with trenching operations include shal-low depth to bedrock, high seasonal water table,

A ballast system was used to anchor the solar panels on this1.3 MW PSE&G facility on a brownfield site in Trenton, NJ.Peter Craig

11. See www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcs143_022122.pdf. for more information on native grasses.Allowing “natural re-vegetation” should not be permitted. Vegetationused for buffering and screening should consist of native species andshould be dense enough to achieve the screening objectives.


acid producing soils and “running sand” (sandysoil saturated with water that collapses whentrenched). If trenching is proposed, thegeotechnical report should include enough infor-mation to assure that trenching can be accom-plished without encountering these conditions.Standard erosion control practices should beapplied. If vegetative cover is proposed, the planttype should be specified. Special shade tolerantseed mixtures are available to revegetate disturbedshaded areas.

● Inverters – Inverters convert the DC output of thepanels to AC current suitable for the distributionsystem. The large box-like structures can befreestanding or incorporated into a roofed struc-ture. They require routine access and are cooledby fans. Cooling loads, and hence fan noise, willbe highest when the panels are producing powerand will diminish after sunset. Ordinances shouldspecify acceptable noise levels at the propertyline and require inverters to be set back from theproperty line to avoid disturbing neighbors withfan noise.

● Inverter Foundations – Inverters are quiteheavy and require durably constructed footingsthat provide adequate support. They may be cast-in-place concrete, pre-cast concrete or alreadyincorporated into the base of the inverter unit.Inverters and their foundations are consideredimpervious cover.

● Access Roads – Access roads may be paved orcovered with crushed stone. Road constructionspecifications should relate to soil conditions andstandard engineering practices apply to theirconstruction. They are considered impervious, and

as in other projects, the creation of impervioussurfaces should be minimized. In low traffic areas,and where soil conditions permit, grassed roadwaysshould be considered.

● Electrical Substations – Each facility will need toconnect to the grid in a safe and operationallycorrect manner. Substation configuration willdepend on project capacity and the condition of thesystem to which it is connected. Municipalitiesshould have assurance that the project can beconnected to the grid and should require applicantsto provide full details of the substation’s design. Inaddition to noise abatement, additional screeningrequirements or fire protection access may beneeded.

● Transmission Lines – When a site is located farfrom a feasible grid connection, a right of way willhave to be acquired and transmission lines con-structed, usually at the applicant’s cost. Applicantsshould be required to provide a thorough explana-tion of any transmission line required by theproject, including its route, starting and endingpoints, capacity, conductor configuration and poledesign, and right-of-way width.

● Perimeter Fencing – Perimeter fencing is pro-posed on most sites for security reasons, often 7- to10- feet-high chain link, sometimes with barbedwire on top. This raises aesthetic concerns, espe-cially in a rural environment. Appropriate types offencing and treatments should be specified fordifferent locations, such as along road frontage.Additionally, applicants should be required toaddress displacement and movement of wildlife,particularly large mammals.

● Small Administrative Buildings – When thesestructures are proposed they are generally relativelysmall, often prefabricated structures. They should

be considered like any other build-ing proposed in the municipality.

SUMMARYMunicipalities, with the help of theirenvironmental commissions, shouldconsider adoption of a master planpolicy language and an ordinance toregulate large-scale solar facilities.Under their existing powers, theyhave adequate authority to do so.Although recent legislation hasconditioned this authority to a

Parking lot covered with solar panels at Randolph High School.Elizabeth Ritter


Appendix ARECENT NJ LEGISLATION AND ITS IMPACTS ON SITING

Inherently Beneficial Use Designation, S-1303: amend-ing 40:55D-4 and seven MLUL definitions to defineInherently Beneficial Use and wind, solar, photovoltaicenergy facilities. November 20, 2009, P.L. 2009 c. 146

S-1303 amended the NJ Municipal Land Use Law (MLUL,NJSA 40:55D-1 et.seq.) classifying solar technology as an“inherently beneficial use” in all zones. This classificationmeans that the use is “universally considered of value tothe community because it fundamentally serves the publicgood and promotes the general welfare.”12

Because few municipalities have developed comprehensiveplanning and zoning responses to large-scale solar develop-ment, most applications are variance requests. The inher-ently beneficial use designation has consequences formunicipalities without solar siting ordinances whenreviewing requests for use variances. Generally, in vari-ance cases both “positive criteria” and “negative criteria”are presented. The board of adjustment (or land use board)then determines how to treat the variance request bybalancing the public benefits (positive criteria) against thedetriments (negative criteria) that would result fromallowing a variance from the existing zoning.

Under a beneficial use designation, the positive criteria areconsidered presumptively satisfied. The negative criteriaare resolved by balancing the benefits of the project againstany detriments. Detriments may be addressed by imposingreasonable conditions. The board then weighs the positiveand negative criteria, including any reasonable imposedconditions to determine whether it can grant the variance.

In dealing with applications for large-scale solar facilities,some zoning boards of adjustment approve the proposalsbecause solar technology has been designated an inherentlybeneficial use.

However the New Jersey Legislature amended the Munici-pal Land Use Law in 1997, making clear that inherentlybeneficial uses must outweigh the negative effects. TheLegislature emphasized that if the proposed use has anegative impact on the overall zone plan of the community,it may be denied. The MLUL reads, “No variance or otherrelief may be granted under the terms of this section,including a variance or other relief involving an inherentlybeneficial use, without a showing that such variance orother relief can be granted without substantial detriment tothe public good and will not substantially impair the intentand the purpose of the zone plan and zoning ordinance.”NJSA 40:55D-70(d).

Thus, the applicant must address the negative criteria andshow to the satisfaction of the board that, on balance, thepublic benefit outweighs the impairment(s) to the masterplan and zoning ordinance.

It is possible that, after study, analysis and making specific“findings” applicable only to the case at hand, the boardof adjustment may deny the variance request.

The allowed uses should not cause a substantial detrimentto expressed planning goals of the community or deviateunacceptably from the master plan. Maintaining the integrityof the comprehensive master plan and the zone plan is a wellrecognized principle of New Jersey land use law.

Environmental commissions may wish to offer testimonyin support of the master plan and zoning. Possible detri-ments include:

● interference with the legitimate planning objective ofprotecting farmland;

● negative impacts on environmentally critical areas andother planning objectives.

The EMP recognized potential conflict with the importantplanning objective of preserving farmland, stating:“In cases where it (the Inherently Beneficial Use Amend-ment to the MLUL) is invoked to obtain approvals for

12. See www.njlandlaw.com/archives/category/inherently-beneficial-usefor a discussion of this legislation and the concept of inherentlybeneficial uses.

degree, municipalities can control this land use if theyfollow normal policies. Ordinances can encouragelarge solar facilities in appropriate places and discour-age their installation on farmland, environmentallycritical areas, wildlife habitats, and in forested areasamong others.

New Jersey’s solar energy goals can be accommodatedby using rooftops, impervious surfaces, brownfields andabandoned mineral extraction sites. Invading criticalareas, prime farmland, preserved lands or parks and openspaces is not needed to achieve these goals.

Planning for large solar systems can be harmonizedwith existing municipal goals through thoughtful landuse planning and sound ordinances, resulting in morepredictable outcomes, less conflict and a better com-munity.

MORE INFORMATIONFor more information and sample ordinances, pleasecontact the ANJEC Resource Center:[email protected]; (973) 539-7547.


development of a renewable project on farmland, this Actmay be in conflict with State policies to preserve farm-land.” (NJ EMP, p.72).9

By Right Use in Industrial Zones (with conditions), A-2550/S1299 amending 40:55D-66.11 March 31, 2009, P.L.2009 c. 35

In 2009 the Legislature amended the MLUL to permitrenewable energy facilities in industrial zones as a “use byright” on “parcels of 20 or more contiguous acres that areowned by the same person or entity.”13

Municipalities with substantial undeveloped industrial landmay wish to consider the appropriateness of zoning prime,level, well drained and currently worked farmland forindustrial use due to transportation access or the perceivedease of development. In terms of economic development,municipalities should be aware that large solar facilitiesproduce few permanent local jobs as compared to manyindustrial facilities.

Solar Panel Area Not to Be Counted as ImperviousCover, S-921: P.L. 2010 c. 4 approved April 22, 2010

According to this law, solar collectors cannot be counted asimpervious cover in calculations of stormwater runoff.While the law exempts solar panels from calculations ofimpervious surface cover, it does not exempt other compo-nents associated with solar installations like roadways,inverter stations, ancillary buildings and the footings of thesolar panels.

This exemption could make it more difficult for munici-palities to fully determine the impact of solar facilities onthe hydrologic behavior of the site and its immediatesurroundings, particularly downstream or down-gradient.Although this exemption makes it easier for developers tocomply with NJ stormwater regulations and obtain envi-ronmental permits for large solar installations, municipali-ties reviewing these applications for stormwater complianceshould be careful to consider the nonexempt portions of theprojects and the impact on runoff caused by the clearing ofvegetation and soil compaction caused by constructionequipment.

Right to Farm, Farmland Assessment and AgriculturalManagement Practices, S-1538: P.L. 2009 c. 213 Con-cerning agriculture, biomass, solar, and wind, adoptedJanuary 16, 2010

This legislation extends the protections of the Right to FarmAct to the generation of solar energy used to operate commer-cial farms. Commercial farms generating solar energy for theirown farming operation are protected against restrictive localordinances and regulations. These installations must beowned by the farmer and of limited size.

Subsequently, the State Agriculture Development Commit-tee (SADC) developed an Agricultural Management Prac-tice (AMP) that specifies the conditions that a commercialfarm must meet to maintain agricultural assessment.14 Careshould be taken in local ordinance development to avoidinterfering with legitimate on-farm solar uses.

On preserved farmland, different conditions and a differentreview process are in place. On preserved farms, the SADCmust review all solar development proposals, in consultationwith the owner of the agricultural easement (e.g., the countyagriculture development board or nonprofit entity). Theprojects must comply with the AMP as well as any munici-pal ordinances and siting standards.

Siting Incentives and Disincentives through SRECs,S-1925: PL 2012 c. 24 adopted July 23, 2012

This extensive piece of legislation is a major landmark forsolar development in New Jersey. Although large portions ofthe bill relate to SRECs and other renewable energy issues,the bill also addresses siting issues, including incentives forlocating large solar facilities on brownfields, cleaned-uplandfills, and impervious areas while discouraging installa-tions on farmland.

IMPORTANT DEFINITIONS FROM S-1925

“Brownfield”The legislation defines a brownfield as: “…any former orcurrent commercial or industrial site that is currently vacantor underutilized and on which there has been, or there issuspected to have been, a discharge of a contaminant.”

“Connected to the distribution system”Whether a large solar project is connected to the electric-ity distribution system is a key element in determiningwhether a solar installation is eligible to receive SRECs.This is a major financial issue for solar developers.Eligibility to earn SRECs in a timely manner makes a sitemore attractive.

In addition to other requirements, the legislation authorizesthe state Board of Public Utilities (BPU), in consultationwith NJ DEP, to certify a project as eligible for SRECs if itis located on:

● A brownfield● Impervious or paved parking areas with a capacity of

350 or more spaces that is “associated with” any ofthese existing or proposed uses:

° Commercial° Retail

13. See www.extension.org/pages/Permitted_Uses,_aka_%22Use_by_Right%22 for a brief discussionof the concept of “use by right.”

14. The adopted AMP can be found at www.nj.gov/agriculture/sadc/rtfprogram/amps/adoptedamps/solar.html. The regulation addressesseveral issues such as size, screening, noise, location and setbacks. Agood Powerpoint presentation on the AMP12, available on ANJEC’sweb site at www.anjec.org, may prove useful in ordinance development.


Solar facilities on land assessed as farmland within thepast 10 years are generally not eligible to receiveSRECs unless PJM has issued a system impact studybefore June 30, 2011, in which case they aregrandfathered in.

Assessed farmland is generally not eligible for “netmetering aggregation,” a procedure for calculatingthe combined annual energy usage for all solarelectric power generating facilities owned by a singleinstitution, such as a State entity, school district, acounty authority, or municipal agency. However amunicipal planning board can waive this restrictionfor solar generating systems located within themunicipality.

Municipalities interested in net metering aggregationor installation on farmland-assessed lands shouldcontact the BPU.

Some Appropriate Municipal ActionsBased on S-1925Municipalities may wish to encourage solar facilitieson any designated brownfields in their jurisdictionafter considering other possible desired uses.16

Municipalities should examine their land use patternsand aerial photographs to determine if large, imperviousareas exist in the municipality. Local zoning shouldreflect the legislative intent to permit facilities on largeimpervious areas.

Municipalities may wish to enact an ordinance encour-aging solar facilities on any properly closed formersanitary landfill sites. However, they should notassume that a landfill has been properly closed justbecause it is inoperative. Former sanitary landfills sitescan be determined by using the NJ DEP’s Geoweb data(http://www.nj.gov/dep/gis/geowebsplash.htm) andlooking at the aerial photographs, Known Contami-nated Sites, Groundwater Contaminated Areas (CKE),Groundwater Contaminated Areas (CEA) and DeedNotice Areas. Once existing landfills have beenidentified, municipalities should contact NJ DEP todetermine if the landfill in question is “properlyclosed” under the terms of the legislation.

In developing their ordinances, municipalities shouldcarefully evaluate whether to encourage solar develop-ment on areas of historic fill that have already beenreused or converted to parklands or other uses incom-patible with the solar development. The State hasmapped areas of historic fill in major urban areas, theAtlantic coast and the Delaware River, but the maps donot include all areas of the State, so municipalitiesshould treat information from this database17 as abeginning point. Site-specific conditions will deter-mine if the site complies with the definition.

° Industrial° Municipal° Professional° Recreational° Transit° Commuter° Entertainment complex° Multi use° Mixed use.

● An area of “historic fill”15

According to S-1925, “Historic Fill means generallylarge volumes of non-indigenous material, no matterwhat date they were emplaced on the site, used to raisethe topographic elevation of a site, which were con-taminated prior to emplacement and are in no wayconnected with the operations at the location ofemplacement and which include, but are not limited to,construction debris, dredge spoils, incinerator residue,demolition debris, fly ash, and non-hazardous solidwaste. ‘Historic fill’ shall not include any materialwhich is substantially chromate chemical productionwaste or any other chemical production waste or wastefrom processing of metal or mineral ores, residues,slags, or tailings.”

● A properly closed sanitary landfillThe legislation defines a properly closed landfill as“…a sanitary landfill facility, or a portion of a sanitarylandfill facility, for which performance is completewith respect to all activities associated with the design,installation, purchase, or construction of all measures,structures, or equipment required by the Department ofEnvironmental Protection, pursuant to law, in order toprevent, minimize, or monitor pollution or healthhazards resulting from a sanitary landfill facilitysubsequent to the termination of operations at anyportion thereof, including, but not necessarily limitedto, the placement of earthen or vegetative cover, andthe installation of methane gas vents or monitors andleachate monitoring wells or collection systems at thesite of any sanitary landfill facility.”

Farmland Policies in S-1925The law defines farmlands as “…land actively devotedto agricultural or horticultural use that is valued,assessed, and taxed pursuant to the Farmland Assess-ment Act of 1964.” P.L.1964, c.48 (C.54:4-23.1 et seq.)

15. Pursuant to paragraph (4) of subsection e. of section 38 of P.L.1999,c.23 (C.48:3-87)

16. Municipalities can determine if there are any designated brownfieldsin their jurisdiction by checking the Brownfields RedevelopmentTask Force Inventory at www.njbrownfieldsproperties.com/Search.aspx. Searches can be performed by city, county, site sizerange, planning area (SDRP), site number or site name.

17. Mapping of “Historic Fill” areas is available in digital form atwww.state.nj.us/dep/njgs/geodata/dgs04-7.htm.


Pinelands RulesThe Pinelands Commission adopted changes to thePinelands Comprehensive Management Plan (CMP)dealing with solar facilities on Oct. 14, 2011.18 Theseamendments provide excellent guidance for munici-palities seeking to develop a solar ordinance, whetheror not they are in the Pinelands region.

Solar facilities are permitted as accessory usesthroughout the entire Pinelands region. The PinelandsCommission defines accessory solar uses as those thatsupply electricity to the principal use on the property,such as a home or a business. The amendments exemptaccessory uses from the need to file a developmentapplication with the Pinelands Commission when solarpanels are installed on existing structures and impervi-ous surfaces. This exemption is meant to hasten theapproval process and minimize costs to applicantswhile facilitating appropriately scaled renewableenergy development and without substantial environ-mental impact to Pinelands resources.

The CMP authorizes all Pinelands municipalities topermit solar energy facilities in all Management Areasby ordinance and provides for these ordinances insection 5.36 of the adopted amendments.

Municipalities should consider these standards indeveloping their own ordinances:● Connection infrastructure – Infrastructure to

connect the proposed facility to the distributionnetwork must be currently available or must beprovided without any offsite development in thePreservation District. The CMP prohibits offsiteinfrastructure associated with a solar facility as aprincipal use in the Preservation Area District, theSpecial Agricultural Production Area and ForestArea districts.

● Screening/scenic protection – The amendmentrequires minimizing the visual impact of the facili-ties themselves and their associated infrastructure toprotect views of:° Wild and scenic rivers;° Special scenic corridors;° The Pine Plains and Forked River Mountains;° Publically dedicated roads and highways;° Low intensity recreational facilities and camp-

grounds;° Existing contiguous residential dwellings.

● Vegetation clearing and rights of way – The CMPsets limits on clearing of vegetation to only what isneeded to accommodate the use. Rights of way arelimited to 20 feet in width, unless otherwise neces-sary to address safety and reliability concerns.

● Decommissioning – Solar facility owners mustdismantle and remove all structures, equipment,surface wires and footings within 12 months afteractivity ceases. The parcel must be restored inaccordance with NJAC 7:50-6.24 unless it will beput into active agricultural use or approved for otherdevelopment in accordance with the certified localordinance within that 12-month period. Decommis-sioning also includes addressing any ecological andvisual impacts associated with the solar energyfacility, including the removal of off-site infrastruc-ture and restoration of affected lands.

● Solar facilities as a principal use – The CMP limitsthe development of solar facilities as a principal useto certain types of sites in the Preservation AreaDistrict, Special Agricultural Production Area andForest Area:

° Closed and remediated landfillsInstallations are limited to previously disturbedlands that have not been ecologically restored andto areas that have been or will be disturbed byclosure and site remediation activities. If otherlands are proposed for solar development as aprincipal use, they must be included in the appli-cation to the Commission for closure or siteremediation.

° Contaminated sites (similar to brownfields)Solar facilities may be located on parcels that havebeen remediated or are the subject of an applica-tion to the Commission for remediation of con-tamination by wastes or hazardous or toxicsubstances, but the facility may only be placed onthe disturbed portion of the property. Any distur-bance caused by the remediation must also berestored as part of the closure plan.

° Resource extraction sites (mines, quarries,sandpits)Solar facilites may be located on previously minedportions of these parcels that are not under aprevious restoration obligation.

Agricultural Considerations – In the AgriculturalProduction Areas solar energy facilities may occupyup to 20 percent of any parcel but in no case mayexceed 10 acres.

Siting of solar energy facilities must avoid, to themaximum extent feasible:● Soils classified as prime farmland by the United

States Department of Agriculture and NaturalResources Conservation Service; and

● Lands which have high ecological values in thePinelands Area, as evidenced by large, contiguousareas of forest, undisturbed drainage units, undis-turbed wetlands or prime habitat for characteristicand rare Pinelands plant and animal populations.18. The adopted amendments can be viewed at www.state.nj.us/

pinelands/cmp/amend/index.html.


This publication was made possible by grants fromthe Bunbury Company and the William Penn Foundation

Founded in 1969 at the beginning of the environmental movement,the Association of New Jersey Environmental Commissions is a statewide, nonprofit organization with

a unique commitment. We provide leadership, training, information, tools and support to our State'slocal environmental commissions, green teams and elected officials who are working to safeguard

natural resources and promote sustainable land use in their communities.

P.O. Box 157, Mendham, NJ 07945 • Tel 973-539-7547 • Fax 973-539-7713Email: [email protected] • Web site: www.anjec.org

2M1012

The Natural Resources Conservation Service has classifiedsoils, (www.nj.nrcs.usda.gov/technical/soils/njfarmindex.html) based on their agricultural values as:

● NJ Prime Farmland Soils Includes all those soils inLand Capability Class I and selected soils from LandCapability Class II. Prime Farmland is land that hasthe best combination of physical and chemical charac-teristics for producing food, feed, forage, fiber andoilseed crops and is also available for these uses. It hasthe soil quality, growing season, and moisture supplyneeded to economically produce sustained high yieldsof crops when treated and managed according toacceptable farming methods. Prime Farmlands are notexcessively erodible or saturated with water for a longperiod of time, and they either do not flood frequentlyor are protected from flooding.

● NJ Farmland Soils of Statewide Importance Includesthose soils in land capability Class II and III that do

Appendix BFARMLAND SOILS CLASSIFICATIONS

not meet the criteria as Prime Farmland but producehigh yields of crops when treated and managedaccording to acceptable farming methods. Some mayproduce yields as high as Prime Farmland if condi-tions are favorable.

● NJ Farmland Soils of Local Importance Includesthose soils that are not classified as having Prime orStatewide importance and are used for the productionof high value food, fiber or horticultural crops.

● NJ Farmland Soils of Unique Importance Soils usedto produce specialty crops.

Soils information on a wide variety of other factors isreadily available online using the NRCS WebSoil Survey,which includes listings of the various soil types in eachcategory. (http://websoilsurvey.nrcs.usda.gov/app/HomePage.htm).

Rural Development Area Considerations – Solarenergy facilities may occupy any previously disturbedportions of a parcel that have not subsequently beenrestored. The clearing of additional lands to accommo-date a proposed solar energy facility may also bepermitted, provided the percentage of cleared land onany parcel does not exceed 30 percent, taking intoconsideration both existing and proposed clearing; andas with agricultural production areas, solar siting

should avoid lands of high ecological values in thePinelands Area.

Overall, the Pinelands rules provide an excellent referenceframework for municipal ordinance development. Anexcellent PowerPoint presentation is available on thePinelands Commission website at: www.state.nj.us/pinelands/landuse/reg/solar/solar and wind planningprinciples.

solar siting and sustainable land use - anjec siting and sustainable land use with the rapid growth...

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