JACKSON – A state Superior Court judge has ruled that Jackson’s elected officials did not act improperly when they adopted ordinances and took other actions that will permit KDC Solar and the Six Flags Great Adventure theme park, Jackson, to construct a solar energy facility off Reed Road in the municipality.
In her decision to dismiss a lawsuit filed against the township, Judge Marlene Lynch Ford, sitting in Toms River, concluded that:
• The action of the Township Council in adopting a series of ordinances which would advance and authorize the use of solar energy generating facilities within certain zones in the township, including the CR-2 zone, is not voidable by reason of any arbitrary, unreasonable or capricious action of the township
• That the ordinances were “substantially consistent” with the town’s master plan and that any deviation was not substantial and did not trigger the alternate procedural requirements of state law
• That the Township Council properly referred these ordinances to the Jackson Planning Board, which determined the ordinances were not inconsistent with the town’s master plan, and the governing body properly relied upon that determination
• That the ordinances in question carry a strong presumption of validity and the plaintiffs have not overcome that presumption.
The plaintiffs in the legal action included Clean Water Action, the Sierra Club and the New Jersey Conservation Foundation.
Several years ago, the Jackson Planning Board approved Six Flags’ plan for the construction of a 22-megawatt solar energy facility on a 66-acre portion of a 130-acre tract on Reed Road. Executives of the theme park said power generated by solar panels would supply most of Great Adventure’s energy needs.
The Reed Road property is owned by Six Flags and is adjacent to the Colliers Mills Wildlife Management Area. Representatives of Six Flags said KDC Solar will own, maintain and operate the solar energy equipment.
The Sierra Club issued a press release on June 23 reporting Ford’s decision and taking issue with her conclusions. The Sierra Club said Six Flags will now be permitted to remove 18,000 trees.
“We believe Six Flags’ plan is flawed given that there are plenty of alternatives they could take that do not harm the environment, sacrifice wildlife habitat or add to storm water runoff,” the Sierra Club said.
“These alternatives include putting solar on disturbed sites, the parking lot and staging areas instead of clear-cutting over 66 acres. If their plan was to put these panels on developed land to begin with, there would not have been this lengthy process and they would already have solar. We are disappointed the court sided with chainsaws instead of upholding the town’s conservation and tree ordinances.”
The Sierra Club said the proposed location for the solar energy facility is east of Great Adventure’s safari park and sits on more than 66 acres which is mostly forested. The club said the area includes environmentally sensitive areas like extensive wetlands and headwaters for two Category 1 streams, and steep slopes. The streams are tributaries of the Toms River.
“This project is a black eye for clean energy. We strongly believe in solar power and think it’s a great idea for Six Flags to get their power from solar, but not at the expense of forests and the environment. We believe the judge’s decision was wrong based on the Municipal Land Use Law and we will look at grounds for appeal,” said Jeff Tittel, director of the New Jersey Sierra Club.
Kristin Fitzgerald, communication manager for Six Flags Great Adventure and Safari and Hurricane Harbor, said in a statement, “We are pleased with the court’s ruling. Six Flags has been, and will remain, a good custodian of the environment.
“We are also good corporate citizens, and along with KDC Solar, are committed to mitigating any impact to the environment. We are excited about the fact that this project will reduce carbon emissions by 31 times more than the trees and shrubs that will be removed, and that we will become the world’s first solar-powered theme park.
“This project is a positive for the environment and will not harm the habitats of threatened or endangered species, nor impair protected wetlands or watersheds. Clean energy is right for the environment and our future, and this project is a giant step toward becoming a net-zero carbon theme park,” Fitzgerald said.
She said construction of the solar energy facility remains on hold pending the court’s decision on the issuance of permits by the Jackson Planning Board.
Jackson Business Administrator Helene Schlegel did not immediately respond to a request for comment.
