Bill Text: NJ S2006 | 2010-2011 | Regular Session | Introduced
Bill Title: Prohibits municipal zoning ordinances from regulating solar panels under certain circumstances; limits fees for certain renewable energy installations. *
Spectrum: Moderate Partisan Bill (Democrat 6-1)
Status: (Enrolled - Dead) 2011-06-23 - Conditional Veto, Received in the Senate [S2006 Detail]
Download: New_Jersey-2010-S2006-Introduced.html
Sponsored by:
Senator BOB SMITH
District 17 (Middlesex and Somerset)
Senator CHRISTOPHER "KIP" BATEMAN
District 16 (Morris and Somerset)
SYNOPSIS
Prohibits municipal zoning ordinances from barring solar panels under certain circumstances.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning renewable solar energy and supplementing the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. The governing body is prohibited from adopting a zoning ordinance limiting the installation of a photovoltaic solar energy system on a residential property, unless the system fails to meet the following requirement:
(1) The photovoltaic panels and all accessory equipment do not extend more than twelve inches beyond the edge of the roofline or twelve inches above the highest point of the roof surface or structure, or
(2) The surface level or ground mounted photovoltaic system consist of no more than 10 photovoltaic panels and are situated more than 50 feet from the nearest property boundary line.
b. A municipality may adopt an ordinance regulating photovoltaic solar energy systems installations that do not comply with the requirements of subsection a. of this section, however, nothing in this section precludes an applicant from seeking a variance from any zoning regulations governing solar energy systems that do not comply with the provisions of subsection a. of this section.
c. As used in this section, "photovoltaic panel" means an elevated panel or plate, or a canopy or array thereof, that captures and coverts solar radiation to produce power, and includes flat plate, focusing solar connectors, or photovoltaic solar cells and excludes the base or foundation of the panel, plate, canopy, or array.
2. This act shall take effect immediately.
STATEMENT
This bill supplements the "Municipal Land Use Law" to prohibit a municipality from adopting an ordinance which limits the right of a property owner to install energy efficient solar panels on a residential property under certain circumstances. A municipality may only limit the installation of solar panels on the roof of a building or structure if the panels, and all accessory equipment, rise more than 12 inches above the roof surface, or highest point, or if the panels or accessory equipment extends more than 12 inches beyond the roofline. A municipality may regulate ground based solar panels on a property, provided the total number of solar panels is greater than 10, and the solar panels are located less than 50 feet way from the nearest property boundary line.
