New Jersey Zoning Watch

A law blog on New Jersey land use issues

Archive for April, 2009

Bill Allowing Renewable Energy Facilities as Permitted Uses in Industrial Zones Now Law

Posted by Phil Morin on April 23, 2009

An amendment to the Municipal Land Use Law permitting the location of renewable energy facilities in areas zoned for industrial use was signed into law by the Governor on March 31, 2009. It is codified in the MLUL as N.J.S.A. 40:55-66.11.

The full text of the law is as follows:

Wind and solar facilities permitted in industrial zones.

1. A renewable energy facility on a parcel or parcels of land comprising 20 or more contiguous acres that are owned by the same person or entity shall be a permitted use within every industrial district of a municipality.

For the purposes of this section:
“renewable energy facility” means a facility that engages in the production of electric energy from solar technologies, photovoltaic technologies, or wind energy.

2. This act shall take effect immediately.

Posted in Legislation | Leave a Comment »

Structure With Height Exactly 10% Greater Than Maximum Requires D(6) Variance

Posted by Phil Morin on April 22, 2009

A trial court decision has clarified the circumstance in which a D variance for height is required, holding that where a principal structure is exactly 10 percent higher than the height limitation under local ordinance, the applicant has an enhanced burden of proof which requires five (5) affirmative votes with exclusive jurisdiction before the zoning board of adjustment.

In Shri Sai Voorhees, L.L.C. v. Township of Voorhees, (N.J. Law Div. – Decided January 9, 2009)(Approved for Publication April 21, 2009), the trial court ruled that an application to erect a principal structure exactly 10 percent higher than the zoned height limit requires a “D” variance. As a result, the applicant’s approvals before the planning board were vacated for lack of jurisdiction as the proper board to seek relief from was the zoning board of adjustment.

The full opinion is linked above.

Posted in D Variances, General | Leave a Comment »

If You’re Reading This, You’re Probably Not At The Builders Convention

Posted by Phil Morin on April 21, 2009

The Associate Press is reporting that this year’s New Jersey Builders Association’s convention in Atlantic City is experiencing an approximate one-third drop-off in attendance:

Attendance is down at the New Jersey Builders Association’s annual trade show in Atlantic City.

AP Spokeswoman Amy Whilldin said the 2009 convention, which began today, has drawn about 10,000 attendees and 600 exhibitors. The event normally sees 15,000 attendees and 900 exhibitors.

Housing officials attribute the light turnout to the impact of the recession and falling home values. Companies are cutting costs and consolidating.

Past association president Stephen Hovnanian said there are a lot of missing faces at the annual gathering, which may be the last for some attendees.

For a link to the article on www.nj.com, click here.

For a link to the Builders Association’s home page, click here.

Posted in General | Leave a Comment »

 
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