“Inherently Beneficial Use” is defined to include Wind, Solar or Photovoltaic Energy Facilities

March 12th, 2010 | Posted by: Christopher DeGrezia 1| comments:

Renewable EnergyIn June, I reported that the New Jersey Legislature proposed a bill (S1202/A3062) that would add the definition of an “inherently beneficial use” to the Municipal Land Use Law and expand the inherently beneficial use status to include wind, solar and photovoltaic facilities.   The legislation has been adopted and the following definitions now apply:

“Inherently beneficial use” means a use which is universally considered of value to the community because it fundamentally serves the public good and promotes the general welfare. Such a use includes, but is not limited to, a hospital, school, child care center, group home, or a wind, solar or photovoltaic energy facility or structure.

“Wind, solar or photovoltaic energy facility or structure” means a facility or structure for the purpose of supplying electrical energy produced from wind, solar, or photovoltaic technologies, whether such facility or structure is a principal use, a part of the principal use, or an accessory use or structure.

For a copy of the Pamphlet Law click here.

For a discussion of the inherently beneficial use variance standard click here.

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