RELEASED ON november 21, 2011

MAYOR JANICE MIRONOV
AND OTHER AREA MAYORS
ISSUE BI-PARTISAN COLUMN ON

"KEEP ENERGY SPRAWL OFF PRODUCTIVE FARMLAND"

Pursuant to the NJ Municipal Land Use Law, all municipalities in New Jersey must have master plans and zoning regulations which determine and limit the use of every single piece of property within each community. Zoning defines permitted uses for properties throughout a municipality, serving as an important planning tool and public safeguard. For example, if a homeowner wishes to run a nightclub out of his home, he is not allowed. Similarly, if a landowner is offered a large sum of money to allow the siting of a shiny new incinerator or a nuclear waste facility on his farm, he is not allowed. In both cases, zoning precludes these alternative uses and serves as a public protection for surrounding landowners. While it sounds like an attractive live-free adage 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. Municipal leaders are sometimes 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 brown fields, landfills and redevelopment sites. Solar projects which directly power businesses, including those that power agricultural operations, so as to reduce energy operating costs, should be encouraged as long as the primary use remains. Net metered projects for existing businesses offer a dual benefit to communities, by both greening our environment and also 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 here and local shoppers here and even provides for the potential of expansion of the existing businesses and the creation of additional jobs.
As pointed out by Michelle Byers, executive director of the New Jersey Conservation Foundation, in a recent editorial, “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 the siting of 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 as “inherently beneficial uses” making it difficult for local officials to identify appropriate sites for renewable projects and undermining the ability to regulate these sites. Recently, New Jersey legislators similarly interfered with local prerogatives by unilateral fiat from Trenton, 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 thrown out, it creates problems for local officials and residents alike. When residents complain about the glare and trash on solar farms or the stunning visual impairment of previously green farms hosting thousands of ground panels and equipment, they do not go to the legislature or the property owner. The residents show up at the Mayor’s office and are often shocked that the legislature has rendered us powerless to fix the residents problem. Mayors who are on the front line with citizens and sit on local planning boards understand the nature of issues and concerns which need to be addressed before projects are permitted to be built.

We all support encouraging the use of renewable energy, but the promotion of this good goal should not beat the expense of other important 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 subsidizes, New Jersey legislative enactments creating a singular favoritism for renewable energy and the absence of a thoughtful balanced state policy with priorities, a general “free-for-all”has been created which does not well serve our State and the public. Because of New Jersey’s small size and the significant impacts caused by large-scale ground solar arrays, the issue as to whether a solar installation is the appropriate use of 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 the importance of state officials moving expeditiously to resolve these important policy and fiscal issues.

Submitted by,

Mayor Janice Mironov, East Windsor Township
Mayor John Bencivengo, Hamilton Township
Mayor Peter Cantu, Plainsboro Township

Mayor David Fried, Robbinsville Township