Through zoning and permitting rules governing solar power, municipalities can influence how quickly solar power is adopted by local residents and businesses. Reducing "soft costs" related to zoning barriers and streamlining permitting and inspection processes can potentially lower the cost of solar installations and reduce unnecessary delays for consumers. This action encourages the municipality to make permitting processes and zoning rules supportive of solar energy, while balancing the aesthetic and safety concerns of each community. In addition, implementing this action may qualify the municipality for the SolSmart National Designation. To accomplish this action, the municipality may 1) adopt a supportive solar zoning ordinance and adopt a permitting fee ordinance and/or 2) streamline solar permitting processes and inspections. Why is it important? Sunlight is a 100% clean and renewable source of energy, and solar is one of the fastest-growing renewable energy alterna...
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Through zoning and permitting rules governing solar power, municipalities can influence how quickly solar power is adopted by local residents and businesses. Reducing "soft costs" related to zoning barriers and streamlining permitting and inspection processes can potentially lower the cost of solar installations and reduce unnecessary delays for consumers. This action encourages the municipality to make permitting processes and zoning rules supportive of solar energy, while balancing the aesthetic and safety concerns of each community. In addition, implementing this action may qualify the municipality for the SolSmart National Designation.
To accomplish this action, the municipality may 1) adopt a supportive solar zoning ordinance and adopt a permitting fee ordinance and/or 2) streamline solar permitting processes and inspections.
Why is it important?
Sunlight is a 100% clean and renewable source of energy, and solar is one of the fastest-growing renewable energy alternatives in the country. A range of solar technologies capture energy from the sun for electricity or heating. Solar photovoltaic (PV) panels transform solar radiation directly into electricity. Solar thermal (or solar hot water) collectors capture the sun’s energy as heat, and may be used to heat water for commercial and residential hot water needs, including for space heating.
Using solar energy is one of the most impactful strategies available for reducing greenhouse gas emissions. Solar is considered one of the purest forms of renewable energy and is demonstrably “cleaner” than virtually any other alternative. Beyond environmental value, however, solar energy brings numerous economic, social, and political benefits, as well as the creation of local jobs. The State of New Jersey has been a national leader in recognizing and encouraging the use of solar energy, and a solar or photovoltaic energy facility or structure is considered an “inherently beneficial use” in the Municipal Land Use Law.
A primary factor affecting increased adoption of on-site solar energy generation technology is the “friendliness” of the municipality to the siting and permitting of those systems. As the hard costs (like PV panel prices) for solar systems have dropped, “soft costs” such as engineering, customer acquisition, and permitting have become significant barriers to lowering the price. The municipality can therefore help encourage solar adoption by creating ordinances that are supportive, and implementing permitting processes and other changes that facilitate project development and reduce those soft costs.
Other factors – such as increasing general awareness, and preparing municipal staff (including first responders) through solar-specific training – directly help mature the solar market in NJ. As more sites (both residential and commercial) utilize solar-generated power, overall energy sustainability increases through decreased greenhouse gas emissions and reduced dependence on fossil fuels.
The New Jersey Energy Master Plan includes the goal to “Promote Certain PV installation,” in particular by encouraging the placement of solar on otherwise underutilized areas such as on or above impervious surfaces (e.g. parking lots) or on landfills, brownfields or areas of historic fill. In addition, the New Jersey Solar Act of 2012 set a Solar Renewable Portfolio Standard (RPS) requiring that by the year 2028, 4.1% of electricity sales must come from solar. Other supportive state laws include:
N.J.S.A. 40:55D-4. The New Jersey Municipal Land Use Law (MLUL) defines a solar energy facility or structure as an “inherently beneficial use” meaning that it is "universally considered of value to the community because it fundamentally serves the public good and promotes the general welfare." Solar installations must still meet certain zoning and use criteria, but as an inherently beneficial use, the legal criteria are less stringent.
N.J.S.A. 40:55D-66.11. The MLUL permits renewable energy facilities in industrial zones as a by right use on, "parcels of land comprising 20 or more contiguous acres that are owned by the same person or entity."
N.J.S.A. 40:55D-38.1. This section of the MLUL exempts solar panels from calculations of impervious surface or impervious cover in municipal site plan and subdivision applications. This exemption makes it easier for larger solar installations to comply with local and state regulations. It does not, however, exempt the base or foundation of the solar panels from the calculation.
N.J.S.A. 45:22A-48.2. The “Solar Rights Law” prevents homeowner associations from prohibiting solar collectors. Homeowner associations may regulate the location of where the solar installation may be placed on the roof, concealment of supportive structures, fixtures, and piping, including color harmonization with surrounding structures or landscaping. However, such requirements may not increase the solar installation cost or maintenance costs by an amount estimated to be greater than 10 percent of the total cost of the initial installation, including labor and equipment; nor may the requirements impede the solar installation from functioning at its intended maximum efficiency.
N.J.S.A. 46:3-24-26. The “Solar Easement Act” explicitly allows for voluntary creation of easements for access to direct sunlight.
N.J.S.A. 4:1C-32. The State Agriculture Retention and Development Act was amended to permit solar energy on preserved farms to provide power or heat to the farm, reduce the farm's energy costs, or to provide a limited income opportunity to the farm owner. The solar facilities can occupy no more than one percent of the farm, and are subject to the review of the State Agriculture Development Committee.
N.J.S.A. 4:1C-1. The Right to Farm Act protections extend to the generation of solar energy on commercial farms with certain restrictions. The revised statute provides commercial farms that wish to generate solar energy with protection against restrictive local ordinances and regulations, subject to the laws of the State Agriculture Retention and Development Act and promulgating regulations.
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