Solar Ordinance Found to Comply With Master Plan

In a unanimous motion Thursday, the Bedminster Land Use Board determined that the proposed solar ordinance is not inconsistent with the township’s master plan.

The ordinance will now return to the township committee for another discussion May 20 and an expected final vote on June 3.

“Most members of this body should recognize a great deal of this ordinance because it did originally begin with this board,” said Mayor Steve Parker. “As we go through this ordinance, it delineates what type of solar is permitted in various portions of the town, and what would need a variance.”

The ordinance was originally introduced by the committee in March, but was brought back for more discussion and reintroduction throughout April and May because of concerns over some of the terms and wording.

“The goal is to encourage private non-commercial solar use, and also encourage non-commercial use in the parts of the town we feel are most appropriate,” Parker said. “It delineates between roof-mounted and ground-mounted.”

Township committeeman Lawrence Jacobs said they had looked at ordinances that were already adopted by other towns, and identified aspects that were appropriate for the land uses in Bedminster.

“It makes it easier for people who want to build solar panels on their properties for their own uses,” he said. “To preserve what we have here in Bedminster, we made sure the ordinance as drafted was consistent with the master plan, consistent with our agricultural history and made sure that we didn’t end up with something that was unbecoming to the town.”

Jacobs said they have had many different meetings and have gone through the ordinance with a fine tooth comb to understand the different neighborhoods and what would be appropriate for all of Bedminster.

Land Use Board chairman Lance Boxer said he knows a lot of time went into putting the ordinance together.

“I think a lot of thoughtful discussion went into it to make sure citizens who are able to take advantage of solar can take advantage of it,” he said. “We are building solar in an appropriate way, protected by the landscape and beauty of the town. We want to make sure we haven’t violated the cultural elements of the town.”

Boxer said he believes this ordinance is very important for Bedminster, especially because solar energy is such a beneficial use.

“I think this is one of the more important ordinances the town will put in place,” he said.

Township planner Frank Banisch said the ordinance has solar panels as accessory uses, not primary.

“It is intended to be an accessory to a principle use on the property, and can be used by the property owner,” he said. “Essentially it’s an on-premise consumption.”

One resident expressed his concern that the ordinance does not include certain buffer provisions for two of the town’s rural zones, and said he believes that could hurt the rural character of Bedminster.

“We did specifically address that,” Parker said. “The thought was that we are restricting solar panels to use on the property and personal use on the property. Theoretically we have plenty of property, and didn’t want to make the ordinance too restrictive.”

Boxer said the state is considering solar to be very beneficial at this point.

“In many ways, we want the right to use the land for what we want it for, but be respectful to nature,” he said. “It’s that love, hate relationship with progress.”

Parker said that because the solar panels are an accessory use, they will be subject to the same setbacks that similar uses are required to adhere to, like garden structures and more.

“They are both accessory uses, and we thought they should be considered the same,” he said.

The resident said he is concerned about allowing too many panels, and ensuring that the township does have some control over what is built.

But Jacobs said that allowing for the panels to be ground-mounted will not give property owners free reign to build.

“They can’t go anywhere because they are still subject to setback requirements,” he said. “Looking at the setback requirements, we felt that was enough. The purpose was to allow folks in those zones to put in solar panels, and encourage solar use for onsite consumption.”

“By completely getting rid of ground-mounted opportunities, we are taking a step backward,” he added.

Board members encouraged residents to speak out at the next township committee meeting with any concerns about the ordinance, but said they do believe it conforms with the township’s master plan.

“People should keep coming with points that are important,” Boxer said. “I think this ordinance is a good thing for our town to have.”