With growing public concern over our nation’s reliance on foreign oil, and the geopolitical and economic consequences of this dependency, we are experiencing an historic shift that is transforming the current nonrenewable energy model into a renewable energy paradigm. In particular, the nation has recognized both the supply limitations and the environmental, economic and political consequences of nonrenewable energy sources and in turn has looked to renewable sources such as solar, wind, and photovoltaic technologies. In shifting toward these renewable sources, New Jersey has taken a leading role. For example, in October of 2008, Gov. Corzine unveiled New Jersey’s energy master plan, which seeks to promote the generation of at least 30 percent of New Jersey’s electricity needs in the year 2020 through renewable sources. In support of this goal, the state has both proposed and enacted legislation to encourage and facilitate the siting and development of renewable energy systems. However, as the move toward renewable energy increases in momentum, most municipal zoning ordinances lack provisions to enable a balanced regulation of these new energy facilities. Therefore, the implications of the existing and proposed legislation must be evaluated against the backdrop of zoning requirements in order for a smooth transition to renewable energy systems to occur.
Municipal zoning ordinances have historically been designed to establish districts in which divergent uses, such as residential, commercial, or industrial uses, can prosper in a location without adversely impacting their neighbors or the community. Lot size, building height and building setback regulations, as well as regulations on permitted accessory uses and their placement on the lot, have been used to assure that the use of one lot does not impact the enjoyment of neighboring lots.
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