John Giunco and Vincent DeSimone Author Q&A On New Jersey's Alternate Energy Legislation
June 1, 2010
![]() ![]() The designation of wind, solar or photovoltaic energy facilities or structures as “inherently beneficial uses” eliminates the, necessity of an applicant for variance approval to demonstrate that benefits of the variance relief outweighs any detriments to the community, which is also known as the Positive Criteria, one portion of the proofs needed for a variance. While applicants will still be required to demonstrate that the facility or structure will not substantially impair the intent and scheme of the zone plan and ordinance, an applicant now presumptively satisfies the Positive Criteria for a variance to construct a wind, solar or photovoltaic energy facility or structure. View PDF As a member of the New Jersey Technology Council (NJTC), the Giordano Firm contributes a Legal Q&A column to the TechNews magazine. The Q&A covers topics across various legal areas that may be of interest to this audience. Our goal is to provide sound legal advice and effective strategies to resolve business issues. |
Tags: John A. Giunco, Vincent M. DeSimone, Real Estate, Land Use & Development |