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1 BAYSHORE REGIONAL SEWERAGE AUTHORITY v. THE BOROUGH OF UNION BEACH -- rank: 1000

... the ordinance against BRSA's permitted project was preempted by N.J.S.A. 40:55D-66.12(c) of the Municipal Land Use Law, N.J.S ... small wind energy systems in the municipality, the Legislature enacted N.J.S.A. 40:55D-66.12, which established limitations on municipal regulation of the installation and ... 10), asserting the ordinance conflicted with the statute. BRSA maintained N.J.S.A. 40:55D-66.12(c) preempted the ordinance and sought an order enjoining the ... wind turbine. Following a hearing, the Law Division agreed, concluding N.J.S.A. 40:55D-66.12(c) preempted the ordinance. The judge denied Union Beach's ... adjoining JCP&L property. The MLUL was amended to add N.J.S.A. 40:55D-66.12, which specifically established limits on municipal regulation of the installation ... local efforts to impede development of small wind energy projects. N.J.S.A. 40:55D-66.12(a) provides: Ordinances adopted by municipalities to regulate the ...

docket:	a2086-12
court:	NJ Superior Court Appellate Division
decided:	2014-07-03
status:	unpublished
citation:
Document Size:	43685