N.J. Admin. Code § 7:50-5.36

Current through Register Vol. 56, No. 9, May 6, 2024

Section 7:50-5.36 - Solar energy facilities

(a) A municipality may include in its master plan and land use ordinance provisions which permit solar energy facilities as a principal use in any Pinelands management area, provided that:

1. Public service infrastructure necessary to support the solar energy facility is available, or can be provided without any off-site development in the Preservation Area District, Special Agricultural Production Area, or a Forest Area except in association with a solar energy facility permitted pursuant to (b) below;

2. 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:

i. The wild and scenic rivers and special scenic corridors listed in 7:50-6.105(a);

ii. The Pine Plains and area necessary to maintain the ecological integrity of the Pine Plains, and the Forked River Mountains as depicted on the Special Area Map, Figure 7.1;

iii. Publicly dedicated roads and highways;

iv. Low intensity recreational facilities and campgrounds; and

v. Existing residential dwellings located on contiguous parcels;

3. Should the development of new or expansion of existing on-site 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 in accordance with 7:50-6.23. 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;

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

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

ii. Restoration of the parcel in accordance with 7:50-6.24, unless restoration is unnecessary because the parcel is to be put into active agricultural use or approved for development in accordance with the certified local ordinance within that 12-month period; and

iii. 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; and

5. The facility shall comply with the applicable limitations in (b) through (d) below.

(b) Special limitations on solar energy facilities as a principal use in the Preservation Area District, Special Agricultural Production Area and Forest Area are as follows:

1. Solar energy facilities shall only be permitted:

i. On the parcel of an existing landfill which has been closed in accordance with this Plan or is the subject of an application to the Commission in accordance with 7:50-6.75, provided the facility is located on those portions of the parcel which meet the standards of (b)2 below;

ii. On a parcel which has been remediated or is the subject of an application to the Commission for remediation in accordance with this Plan, due to contamination with wastes or hazardous or toxic substances, provided the facility is located on those portions of the parcel which meet the standards of (b)2 below; or

iii. On the parcel of a resource extraction operation, provided the facility is limited to those portions of the parcel comprised of previously mined areas that are not under an obligation to be restored pursuant to N.J.A.C. 7:50-6, Part VI;

2. The development of solar energy facilities shall be limited to those portions of a parcel meeting the criteria of (b)1 above which are comprised of previously disturbed lands that have not been subsequently restored. Solar energy facilities may be located on other portions of the parcel that are required to be disturbed for purposes of landfill closure or site remediation. The need to use such other lands shall be demonstrated in a comprehensive application for landfill closure or site remediation submitted to the Commission for approval in accordance with this Plan; and

3. Unless the solar energy facility is proposed as part of a comprehensive application for landfill closure or site remediation that has been submitted to the Commission for approval in accordance with this Plan, the acquisition and redemption of 0.25 Pinelands Development Credits shall be required for every four acres of land occupied by the solar energy facility.

(c) Special limitations on solar energy facilities as a principal use in the Agricultural Production Area are as follows:

1. Solar energy facilities may occupy up to 20 percent of any parcel but in no case shall exceed 10 acres. Those parcels for which Farmland Assessment is sought pursuant to 54:4-23.1 et seq. shall also comply with the provisions of N.J.A.C. 18:15 related to Farmland Assessment eligibility, including occupied area restrictions that may be more limiting;

2. Solar energy facilities shall be located on a parcel in such a manner as to avoid, to the maximum extent feasible:

i. Soils classified as prime farmland by the United States Department of Agriculture, Natural Resources Conservation Service; and

ii. Lands which have the highest ecological values in the Pinelands Area, as evidenced by large, contiguous areas of forest, undisturbed drainage units, undisturbed wetlands or prime habitat for characteristic and rare Pinelands plant and animal populations; and

3. No Pinelands Development Credits shall be allocated pursuant to 7:50-5.43 to that portion of the parcel developed for solar energy facility use until such time as the solar energy facility has been decommissioned in accordance with (a)4 above.

(d) Special limitations on solar energy facilities as a principal use in the Rural Development Area are as follows:

1. Solar energy facilities may occupy any previously disturbed portions of a parcel that have not subsequently been restored. The clearing of additional lands to accommodate a proposed solar energy facility may also be permitted, provided the percentage of cleared land on any parcel does not exceed 30 percent, taking into consideration both existing and proposed clearing; and

2. Solar energy facilities shall be located on a parcel in such a manner as to avoid, to the maximum extent feasible, lands which have the highest ecological values in the Pinelands Area, as evidenced by large, contiguous areas of forest, undisturbed drainage units, undisturbed wetlands or prime habitat for characteristic and rare Pinelands plant and animal populations.

N.J. Admin. Code § 7:50-5.36

New Rule, R.2012 d.012, effective 1/3/2012.
See: 43 N.J.R. 928(a), 44 N.J.R. 72(a).