In November 2022, Applicant Synnergy LLC, submitted a revised plan dated Nov 7, 2022 for its solar facility on the south side of Sweetbriar Ave (Tax Maps 32 and 33, Block 1581, Lot 27), to the Hamilton Twp. Zoning Board of Adjustment.  Based on the information on the revised plan set, an area that was previously wooded is proposed to be cleared “for the purpose of maximizing sunlight to the proposed solar panels” in the revised plan; the area proposed to be maintained as “meadow” (Sheet 2 (PDF sheet 3) of revised plan set.) The wooded area proposed to be cleared is within the Stream Buffer Conservation Zone (SBCZ), as noted in the Synnergy revised plan (SBCZ is coincident with the 100 flood plain in this area).

Synnergy’s revised plan is in direct conflict with both Chapters 583-5 of the Township Zoning Ordinance as well as Para. 13b of the May 11, 2021 Zoning Board of Adjustment Resolution approving the previous plan (Application No. 16-05-012A).

The Delaware River Keeper Network has prepared a summary of comments following a review of the plans dated Nov 7,2022, the Township Zoning Ordinance and the adopted resolution of the Zoning Board of Adjustment.  As you may recall, Princeton Hydro ( Clay Emerson, PE and Stephen Duda, PE, were involved in the review of the original applications, which was submitted and reviewed by the Township Planning Board, which then declined jurisdiction since the project required a use variance due to extensive disturbance of the SBCZ, an overlay zoning district withing Hamilton Township associated with Miry Run.

Numerous INCOMPLETE applications were submitted by Synnergy over the years. Synnergy took the strategy to disrespect the township, the planning board, the zoning board and residents to attempt to complete their applications at the zoning and planning board meetings.  The applications should have never moved forward. Yet again, Synnergy in November has submitted another incomplete application. We ask that a town hall meeting to coordinated immediately to discuss this matter with residents.

After numerous revisions and reviews, Hamilton Township Zoning Board of Adjustment ultimately approved the application for a use variance for a much-downsized solar facility and memorialized its approval by Resolution adopted on June 8, 2021 (Resolution 16-05-012A).  The plan associated with this Resolution are dated May 11,2021, but were required pursuant to Para.13b.

The lack of compliance that Synnergy is demonstrating with this new plan is an example of a grossly negligent plan for the residents of Hamilton. Residents have been completed disregarded and their welfare and safety have been and will be in jeopardy in the event this plan moves forward by the leadership of Hamilton Township.

The plans were revised to include the removal of existing trees and replacement of existing trees from within the SBCZ with “meadow”.  The Township Zoning Ordinance clearly states: “ Stream buffer Conservation Zones shall remain in a natural condition or, if in a disturbed condition, including agricultural activities, at the time of adoption of this chapter, may be restored to a natural condition.  There shall be no clearing or cutting of trees and bush, except for removal of dead vegetation and pruning for reasons of public safety or for the replacement of invasive species with indigenous species.

The current approved plan has no disturbance in the SBCZ.  The Resolution of approval at Para. 13b states: “The west basin of the proposed by the Applicant has a SBCZ Overlay disturbance of 691 square feet and the east basin has a disturbance of 2,457 square feet.  Further, the intended transmission line will cause a disturbance of 2,957 square feet withing the SBCZ Overlay’s buffer.  While the applicant has agreed, as a condition of approval, to revise said mitigation plan by preserving an additional 6,105 square feet on the subject property.  The area, which will be selected by the Applicant in consultation with the Board’s professionals to ensure it is an appropriate location that is not an area already preserved or restricted, will be preserved by the recordation of a conservation easement or other instrument deemed necessary to accomplish this enhanced mitigation effort.”

In addition, 583-5A of the Township Zoning Ordinance further states: All new major and minor subdivision and site plans shall be designed to provide sufficient areas outside of the SBCZ to accommodate primary structures, any normal accessory uses appurtenant thereto, as well as planned lawn areas.  Portions of lots within the SBCZ must be permanently restricted by deed or conservation easement held by the Township to prevent clearing of vegetation within the SBCZ.  Any lands proposed for development which include all or a portion of a SBCZ shall, as a condition of any major subdivision or major site plan approval, provide for the vegetation or revegetation of any portions of th3e SBCZ which are not vegetated at the time of the application or which were disturbed by prior land uses, including for agricultural use.

Chapter 583-1 of the Hamilton Township Zoning Ordinance lists the intent of purpose of the SBCZ.  Under Section D, the ordinance states: Provide for natural organic matter (fallen leaves and twigs) and large woody debris (fallen trees and limbs) that provide food and habitat for small bottom- dwelling organisms (insects, amphibians, crustaceans, and small fish), which are essential to maintain the food chain.

The Resolution of approval at Para. 13b states: Pursuant to Section 583-19 (A) of the LDO, no construction, development, use, activity, or encroachment shall be permitted within any stream buffer conservation zone unless the effects of such development area are accompanied by preparation, approval, and implementation of a stream buffer management plan that demonstrates how the loss of value afforded by the existing buffer will be compensated for.

Synnergy was required to apply for and received two Freshwater Wetland permits from NJDEP for the installation of utilities and stormwater discharges for the approved project. The wetland permits expired on February 5, 2023 and Jan 24, 2024, according to the NJDEP’s Dataminer website.  Hence, Synnergy does not have the required NJDEP permit to allow any installation.

The legacy applicability of the new NJDEP stormwater regulations, effective March 2, 2021, a legacy exemption is limited to the land area and the scope of the project addressed by the qualifying applications or subsequent approvals.  However, revisions to the qualifying applications are still exempt if, “ the review agency determines that each revision would have de minimis impact on water resources.” Since the previous permits have expired because the project was not timely constructed within legal allowance for an extension (Municipal Land Use Law, Permit Extension Act, the pandemic or otherwise), the Synnergy project will now have to comply with NJDEP’s Green Infrastructure stormwater regulation amendments as well as the more recent amendments which require use of updated rainfall data.  Clear cutting of the trees is a change in land use withing the SBCZ overlay district, and it is also a change in vegetative cover.  The proposed revision of clear cutting trees within the SBCZ is not a minor or insubstantial revision and cannot be approved as a legacy project.

Chapters 583-5 (Performance Standards for Stream Buffer Conservation Zone) of the Hamilton Township Zoning Ordinance states, “ Portions of lots within the SBCZ must be permanently restricted by deed or conservation easement or other instrument deemed necessary  to accomplish this enhanced mitigation effort.”

Please advise as to whether the conservation easement for such an area has been identified and recorded for this project.  If not, the filing of the conservation easement should be completed as a condition of any action the Township takes on the revised plan.

Through the Zoning Board of Adjustment review process the Syynergy, LLC solar project was revised to limited disturbance within the SBCZ to only include disturbances which are allowed per the Township Ordinance, specifically  utility construction and stormwater discharges.  The application for the use variance was approved with a Zoning Board of Adjustment Resolution 16-05-012A on May 11, 2021 and memorialized on June 8, 2021. Revised plans dated November 7, 2022, were submitted which now include disturbance within the SBCZ, an activity which is PROHIBITED per BOTH the Township Ordinance and the current Zoning Board of Adjustment of approval for the project.   

This project’s newest application has the potential to have a severely negative impact on residents in the Cornell Heights area of Hamilton Township. We ask that you do not approve this to ensure the residents and their property in Cornell Heights are safeguarded.