New Legislation Promotes Solar Panel Development

May 6th, 2010 | Posted by: Christopher DeGrezia 1| comments:

Solar EnergyBy Michael A. Smith, Esq. LEED AP

On April 22, 2010, Governor Christie signed into law S-921 – new legislation designed to facilitate solar panel development and, more broadly, to fortify New Jersey’s position as a green energy leader.


Under this new legislation, S-921, solar panels are now exempt from zoning limitations on impervious cover – a planning term for hard surfaces such as buildings and driveways, that prevent water from absorbing into the ground. On solar panels, municipalities have been contradictory in their impervious cover requirements, with some treating solar panels as impervious. S-921 addresses this inconsistency – solar panels cannot be restricted through impervious coverage limitations. Note that the base or foundation of a solar panel may still be regulated as impervious cover. » Read the rest of this entry «

“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.

Green Building in the American Clean Energy and Security Act (“Waxman-Markey”)

July 22nd, 2009 | Posted by: Christopher DeGrezia 1| comments:

Green Building - Natural worldBy Joshua Kaplowitz, Esq., LEED

On June 26, the House of Representatives approved the American Clean Energy and Security (“ACES”) Act, legislation aimed at curbing greenhouse gas (GHG) emissions.  While most of the media attention has centered around the bill’s establishment of a mandatory cap on GHG emissions and a complex emissions credit market (i.e. “cap-and-trade”), ACES contains several sweeping provisions which will dramatically impact the green building industry and national land use policies.

» Read the rest of this entry «

Obama Stimulus Bill Could Spark a “Green Rush”

April 23rd, 2009 | Posted by: Christopher DeGrezia 0| comments:

Green Building - Natural worldBy Joshua M. Kaplowitz, Esq. & Mahari Bailey, Esq

After just a few weeks, it is clear that the Obama Administration has ambitious plans for the green building industry.  The recently passed economic stimulus package, the American Recovery and Reinvestment Act of 2009 (“ARRA”), contains over $25 billion in funding for energy efficiency in federal buildings, schools and homes—a sizeable sum, though somewhat less than in earlier versions of the bill.  The President has also sent strong signals that the Federal Government intends to play an active role in raising efficiency standards and incentivizing green building in the private sector; in fact, even more green building legislation is already on the table.  This “Green Rush” could present enormous economic opportunities for developers, contractors and building owners.  Of course, with opportunity comes risk, including a number of legal hurdles and pitfalls that companies and industries must avoid as they jockey for position in the upcoming Green Rush. » Read the rest of this entry «

New Legislation Allows Wind and Solar Facilities in Industrial Zones

April 9th, 2009 | Posted by: Christopher DeGrezia 0| comments:

Wind PowerThe Legislature has adopted a Bill (A 2550/ S 1299) that permits certain renewable energy facilities in areas zoned for industrial use.  A “renewable energy facility” is defined as a facility that engages in the production of electric energy from solar technologies, photovoltaic technologies or wind energy. Specifically, the Bill provides that a renewable energy facility is deemed to be a permitted use in industrial districts on land comprising 20 or more contiguous acres.  Click here to view the Pamphlet Law.

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