League of Municipalities Opposes Bill To Designate Wind, Solar Power as “Inherently Beneficial Use”
Posted by Phil Morin on October 8, 2009
The New Jersey State League of Municipalities (the “League”) is opposing a bill which is on the Governor’s desk for consideration after passing the Legislature over the summer. The proposed new law codifies the definition of “inherently beneficial use” under the Municipal Land Use Law and expands the traditional categories set forth in case law to specifically cover wind, solar and photovoltaic technology. The League’s position is that such uses should not be granted “favored” status under the MLUL and the League has circulated to elected officials a proposed form of resolution for adoption opposing the change.
The full text of the “Dear Mayor” letter from the League states:
The League opposes S-1303/A-3062, which defines “inherently beneficial use” and includes facilities that supply electrical energy produced from wind, solar or photovoltaic technologies. If a use is deemed to be “inherently beneficial” it presumptively satisfied the criteria for a use variance under subsection d of section 57 of the MLUL, (i.e., a nonconforming use.) Thus, these uses would be considered inherently beneficial, even in residential zones.
We understand the intent of the bill, which is to promote alternate forms of energy. But, if indeed a project is beneficial to the community, the applicant has the option to go through the normal regulatory and democratic process. No such change in the statute is necessary.
While this is promoted as an energy bill, we view it as a land use bill and a problematic land bill. The bill effectively declares these alternate energy sources as “inherently beneficial uses” without regard to the particular zone in which the property is located, undermining the very purpose of zoning (that is to separate residential, commercial and industrial uses) and sound planning strategies.
To view the League’s model resolution in opposition to S-1303/A-3062, click here.
