Bill > A5190

Introduced Session

This bill would supplement the "Municipal Land Use Law" to prohibit a municipality from adopting an ordinance which limits the right of a property owner to install solar panels on a residential property under certain circumstances. A municipal ordinance would not be authorized to regulate the installation of photovoltaic solar energy systems when: 1) in the case of a roof mounted system, the panels, and all accessory equipment, extend 12 inches or less beyond the edge of the roofline or above the highest point of the roof surface or structure; or 2) in the case of a surface level or ground mounted system, the system consists of 10 or less photovoltaic panels and is situated more than 50 feet from the nearest property boundary line. Section 2 of the bill would provide that a municipal ordinance regulating the installation of a photovoltaic solar energy system or small wind energy system on residential property shall not require payment of a fee that exceeds the municipality's costs for reviewing and approving an application pertaining to the installation or operation of a system. The purpose of section 2 of the bill is to prevent municipalities from imposing excessive fees unrelated to application and review costs because it is the State's policy to encourage installation of photovoltaic solar energy systems or small wind energy systems wherever possible in the State and to discourage actions that would have a chilling effect on such installations.

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John McKeon (D)*, 

Introduced, Referred to Assembly Environment and Solid Waste Committee (on 12/21/2020)