Bill > A2788

Introduced Session

This bill would provide that solar and photovoltaic energy facilities or structures would not be considered per se an inherently beneficial use for purposes of zoning approvals when such facilities or structures are on farmland. Under the "Municipal Land Use Law" (MLUL), P.L.1975, c.291 (C.40:55D-1 et seq.), if a use is held to be an "inherently beneficial use," it presumptively satisfies the positive criteria for the grant of a use variance under subsection d. of section 57 of the MLUL (C.40:55D-70), which is required when the proposed use is inconsistent with the zoning plan. The MLUL defines "inherently beneficial use" to expressly include certain enumerated uses; among them are solar and photovoltaic energy facilities or structures, regardless of the type of land on which they are located. This bill would provide that solar and photovoltaic energy facilities or structures that are on farmland would not be expressly included in the definition of an "inherently beneficial use." Farmland is defined in the bill to mean land actively devoted to agricultural or horticultural use that is valued, assessed, and taxed pursuant to the "Farmland Assessment Act of 1964," P.L.1964, c.48 (54:4-23.1 et seq.), or was so valued, assessed, and taxed at any time in the two tax years preceding the tax year of submittal of the application for development.

AI Summary

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Daniel Benson (D)*, 

Introduced, Referred to Assembly Environment and Solid Waste Committee (on 02/08/2016)