Authorizes development to enhance energy production through solar panel orientation.

A4022

ASSEMBLY, No. 4022

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 12, 2026

Sponsored by:

Assemblyman� ALEX SAUICKIE

District 12 (Burlington, Middlesex, Monmouth and Ocean)

SYNOPSIS

���� Authorizes development to enhance energy production
through solar panel orientation.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning the orientation of solar panels and amending
P.L.1975, c.217.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.� Section 19 of P.L.1975,
c.291 (C.40:55D-28) is amended to read as follows:

���� 19.� Preparation; contents;
modification.

���� a.���� The planning board may
prepare and, after public hearing, adopt or amend a master plan or component
parts thereof, to guide the use of lands within the municipality in a manner
which protects public health and safety and promotes the general welfare.

���� b.��� The master plan shall
generally comprise a report or statement and land use and development
proposals, with maps, diagrams and text, presenting, at least the following
elements (1) and (2) and, where appropriate, the following elements (3) through
(17):

���� (1)�� A statement of
objectives, principles, assumptions, policies and standards upon which the
constituent proposals for the physical, economic and social development of the
municipality are based;

���� (2)�� A land use plan element

���� (a)�� taking into account and
stating its relationship to the statement provided for in paragraph (1) hereof,
and other master plan elements provided for in paragraphs (3) through (17)
hereof and natural conditions, including, but not necessarily limited to, topography,
soil conditions, water supply, drainage, flood plain areas, marshes, and
woodlands;

���� (b)�� showing the existing and
proposed location, extent and intensity of development of land to be used in
the future for varying types of residential, commercial, industrial,
agricultural, recreational, open space, educational and other public and
private purposes or combination of purposes including any provisions for
cluster development; and stating the relationship thereof to the existing and
any proposed zone plan and zoning ordinance;

���� (c)�� showing the existing and
proposed location of any airports and the boundaries of any airport safety
zones delineated pursuant to the "Air Safety and Zoning Act of 1983,"
P.L.1983, c.260 (C.6:1-80 et al.);

���� (d)�� including a statement of
the standards of population density and development intensity recommended for
the municipality;

���� (e)�� showing the existing and
proposed location of military facilities and incorporating strategies to
minimize undue encroachment upon, and conflicts with, military facilities,
including but not limited to: limiting heights of buildings and structures
nearby flight paths or sight lines of aircraft; buffering residential areas
from noise associated

with a military facility; and
allowing for the potential expansion of military facilities;

���� (f)�� including, for any land
use plan element adopted after the effective date of P.L.2017, c.275, a
statement of strategy concerning:

���� (i)��� smart growth which, in
part, shall consider potential locations for the installation of electric
vehicle charging stations,

���� (ii)�� storm resiliency with
respect to energy supply, flood-prone areas, and environmental infrastructure,
and

���� (iii)� environmental
sustainability;

���� (g)�� showing the existing and
proposed location of public electric vehicle charging infrastructure; and

���� (h)�� including, for any land
use plan element adopted after the effective date of P.L.2021, c.6, a climate
change-related hazard vulnerability assessment which shall (i) analyze current
and future threats to, and vulnerabilities of, the municipality associated with
climate change-related natural hazards, including, but not limited to increased
temperatures, drought, flooding, hurricanes, and sea-level rise; (ii) include a
build-out analysis of future residential, commercial, industrial, and other
development in the municipality, and an assessment of the threats and
vulnerabilities identified in subsubparagraph (i) of this subparagraph related
to that development; (iii) identify critical facilities, utilities, roadways,
and other infrastructure that is necessary for evacuation purposes and for
sustaining quality of life during a natural disaster, to be maintained at all
times in an operational state; (iv) analyze the potential impact of natural
hazards on relevant components and elements of the master plan; (v) provide
strategies and design standards that may be implemented to reduce or avoid
risks associated with natural hazards; (vi) include a specific policy statement
on the consistency, coordination, and integration of the climate-change related
hazard vulnerability assessment with any existing or proposed natural hazard
mitigation plan, floodplain management plan, comprehensive emergency management
plan, emergency response plan, post-disaster recovery plan, or capital
improvement plan; and (vii) rely on the most recent natural hazard projections
and best available science provided by the New Jersey Department of
Environmental Protection;

���� (3)�� A housing plan element
pursuant to section 10 of P.L.1985, c.222 (C.52:27D-310), including, but not
limited to, residential standards and proposals for the construction and
improvement of housing;

���� (4)�� A circulation plan
element showing the location and types of facilities for all modes of
transportation required for the efficient movement of people and goods into,
about, and through the municipality, taking into account the functional highway
classification system of the Federal Highway Administration, the types,
locations, conditions and availability of existing and proposed transportation
facilities, including air, water, road and rail, and identifying existing and
proposed locations for public electric vehicle charging infrastructure;

���� (5)�� A utility service plan
element analyzing the need for and showing the future general location of water
supply and distribution facilities, drainage and flood control facilities,
sewerage and waste treatment, solid waste disposal and provision for other related
utilities, and including any storm water management plan required pursuant to
the provisions of P.L.1981, c.32 (C.40:55D-93 et al.).� If a municipality
prepares a utility service plan element as a condition for adopting a
development transfer ordinance pursuant to subsection c. of section 4 of
P.L.2004, c.2 (C.40:55D-140), the plan element shall address the provision of
utilities in the receiving zone as provided thereunder;

���� (6)�� A community facilities
plan element showing the existing and proposed location and type of educational
or cultural facilities, historic sites, libraries, hospitals, firehouses,
police stations and other related facilities, including their relation to the
surrounding areas;

���� (7)�� A recreation plan
element showing a comprehensive system of areas and public sites for
recreation;

���� (8)�� A conservation plan
element providing for the preservation, conservation, and utilization of
natural resources, including, to the extent appropriate, energy, open space,
water supply, forests, soil, marshes, wetlands, harbors, rivers and other
waters, fisheries, endangered or threatened species wildlife and other
resources, and which systemically analyzes the impact of each other component
and element of the master plan on the present and future preservation,
conservation and utilization of those resources;

���� (9)�� An economic plan element
considering all aspects of economic development and sustained economic
vitality, including (a) a comparison of the types of employment expected to be
provided by the economic development to be promoted with the characteristics of
the labor pool resident in the municipality and nearby areas and (b) an
analysis of the stability and diversity of the economic development to be
promoted;

���� (10) An historic preservation
plan element: (a) indicating the location and significance of historic sites
and historic districts; (b) identifying the standards used to assess worthiness
for historic site or district identification; and (c) analyzing the impact of
each component and element of the master plan on the preservation of historic
sites and districts;

���� (11) Appendices or separate
reports containing the technical foundation for the master plan and its
constituent elements;

���� (12) A recycling plan element
which incorporates the State Recycling Plan goals, including provisions for the
collection, disposition and recycling of recyclable materials designated in the
municipal recycling ordinance, and for the collection, disposition and
recycling of recyclable materials within any development proposal for the
construction of 50 or more units of single-family residential housing or 25 or
more units of multi-family residential housing and any commercial or industrial
development proposal for the utilization of 1,000 square feet or more of land;

���� (13) A farmland preservation
plan element, which shall include: an inventory of farm properties and a map
illustrating significant areas of agricultural land; a statement showing that
municipal ordinances support and promote agriculture as a business; and a plan
for preserving as much farmland as possible in the short term by leveraging
moneys made available by P.L.1999, c.152 (C.13:8C-1 et al.) through a variety
of mechanisms including, but not limited to, utilizing option agreements,
installment purchases, and encouraging donations of permanent development
easements;

���� (14) A development transfer
plan element which sets forth the public purposes, the locations of sending and
receiving zones and the technical details of a development transfer program
based on the provisions of section 5 of P.L.2004, c.2 (C.40:55D-141);

���� (15) An educational facilities
plan element which incorporates the purposes and goals of the "long-range
facilities plan" required to be submitted to the Commissioner of Education
by a school district pursuant to section 4 of P.L.2000, c.72 (C.18A:7G-4);

���� (16) A green buildings and
environmental sustainability plan element, which shall provide for, encourage,
and promote the efficient use of natural resources and the installation and
usage of renewable energy systems
, including solar photovoltaic or solar
thermal systems, in a manner that maximizes solar gain
; consider, encourage
and promote the development of public electric vehicle charging infrastructure
in locations appropriate for their development, including but not limited to,
commercial districts, areas proximate to public transportation and transit facilities
and transportation corridors, and public rest stops; consider the impact of
buildings on the local, regional and global environment; allow ecosystems to function
naturally; conserve and reuse water; treat storm water on-site; and optimize
climatic conditions through site orientation and design; and

���� (17) A public access plan
element that provides for, encourages, and promotes permanently protected
public access to all tidal waters and adjacent shorelines consistent with the
public trust doctrine, and which shall include a map and inventory of public
access points, public facilities that support access, parking, boat ramps, and
marinas; an assessment of the need for additional public access; a statement of
goals and administrative mechanisms to ensure that access will be permanently
protected; and a strategy that describes the forms of access to satisfy the
need for such access with an implementation schedule and tools for
implementation.

���� c.���� The master plan and its
plan elements may be divided into subplans and subplan elements projected
according to periods of time or staging sequences.

���� d.��� The master plan shall
include a specific policy statement indicating the relationship of the proposed
development of the municipality, as developed in the master plan to (1) the
master plans of contiguous municipalities, (2) the master plan of the county in
which the municipality is located, (3) the State Development and Redevelopment
Plan adopted pursuant to the "State Planning Act," sections 1 through
12 of P.L.1985, c.398 (C.52:18A-196 et seq.) and (4) the district solid waste
management plan required pursuant to the provisions of the "Solid Waste
Management Act," P.L.1970, c.39 (C.13:1E-1 et seq.) of the county in which
the municipality is located.

���� In the case of a municipality
situated within the Highlands Region, as defined in section 3 of P.L.2004,
c.120 (C.13:20-3), the master plan shall include a specific policy statement
indicating the relationship of the proposed development of the municipality, as
developed in the master plan, to the Highlands regional master plan adopted
pursuant to section 8 of P.L.2004, c.120 (C.13:20-8).

(cf: P.L.2021, c.6, s.1)

���� 2.� Section 29 of P.L.1975,
c.291 (C.40:55D-38) is amended to read as follows:

���� 29.� Contents of ordinance.�
An ordinance requiring approval by the planning board of either subdivisions or
site plans, or both, shall include the following:�

���� a.���� Provisions, not
inconsistent with other provisions of this act, for submission and processing
of applications for development, including standards for preliminary and final
approval and provisions for processing of final approval by stages or sections
of development;�

���� b.��� Provisions ensuring:

���� (1)�� Consistency of the
layout or arrangement of the subdivision or land development with the
requirements of the zoning ordinance;�

���� (2)�� Streets in the
subdivision or land development of sufficient width and suitable grade and
suitably located to accommodate prospective traffic and to provide access for
firefighting and emergency equipment to buildings and coordinated so as to
compose a convenient system consistent with the official map, if any, and the
circulation element of the master plan, if any, and so oriented as to permit,
consistent with the reasonable utilization of land, the buildings constructed
thereon to maximize solar gain; provided that no street of a width greater than
50 feet within the right-of-way lines shall be required unless said street
constitutes an extension of an existing street of the greater width, or already
has been shown on the master plan at the greater width, or already has been
shown in greater width on the official map;�

���� (3)�� Adequate water supply,
drainage, shade trees, sewerage facilities and other utilities necessary for
essential services to residents and occupants;�

���� (4)�� Suitable size, shape and
location for any area reserved for public use pursuant to section 32 of this
act;�

���� (5)�� Reservation pursuant to
section 31 of P.L.1975, c.291 (C.40:55D-53) of any open space to be set aside
for use and benefit of the residents of a cluster development or a planned
development, resulting from the application of standards of density or intensity
of land use, contained in the zoning ordinance, pursuant to section 52 of
P.L.1975, c.291 (C.40:55D-65);�

���� (6)�� Regulation of land
designated as subject to flooding, pursuant to subsection e. of section 52 of
P.L.1975, c.291 (C.40:55D-65), to avoid danger to life or property;

���� (7)�� Protection and
conservation of soil from erosion by wind or water or from excavation or
grading;�

���� (8)�� Conformity with
standards promulgated by the Commissioner of Transportation, pursuant to the
"Air Safety and Zoning Act of 1983," P.L.1983, c.260 (C.6:1-80 et
seq.), for any airport hazard areas delineated under that act;�

���� (9)�� Conformity with a
municipal recycling ordinance required pursuant to section 6 of P.L.1987, c.102
(C.13:1E-99.16);�

���� (10)� Conformity with the
State highway access management code adopted by the Commissioner of
Transportation under section 3 of the "State Highway Access Management
Act," P.L.1989, c.32 (C.27:7-91), with respect to any State highways
within the municipality;

���� (11)� Conformity with any
access management code adopted by the county under R.S.27:16-1, with respect to
any county roads within the municipality;�

���� (12)� Conformity with any
municipal access management code adopted under R.S.40:67-1, with respect to
municipal streets;�

���� (13)� Protection of potable
water supply reservoirs from pollution or other degradation of water quality
resulting from the development or other uses of surrounding land areas, which
provisions shall be in accordance with any siting, performance, or other
standards or guidelines adopted therefor by the Department of Environmental
Protection;�

���� (14)� Conformity with the
public safety regulations concerning storm water detention facilities adopted
pursuant to section 5 of P.L.1991, c.194 (C.40:55D-95.1) and reflected in storm
water management plans and storm water management ordinances adopted pursuant
to P.L.1981, c.32 (C.40:55D-93 et al.);
[
and
]

���� (15)� Conformity with the
model ordinance promulgated by the Department of Environmental Protection and
Department of Community Affairs pursuant to section 2 of P.L.1993, c.81
(C.13:1E-99.13a) regarding the inclusion of facilities for the collection or storage
of source separated recyclable materials in any new multifamily housing
development
;
�

����
(16)� authorization for the
design, development, orientation, and construction of developments and other
structures, in a manner that is most beneficial to the installation, use, and
efficacy of an operational solar photovoltaic or solar thermal system, in a
manner that maximizes solar gain
.�

���� c.���� Provisions governing
the standards for grading, improvement and construction of streets or drives
and for any required walkways, curbs, gutters, streetlights, shade trees, fire
hydrants and water, and drainage and sewerage facilities and other improvements
as shall be found necessary, and provisions ensuring that such facilities shall
be completed either prior to or subsequent to final approval of the subdivision
or site plan by allowing the posting of performance guarantees by the
developer;

���� d.��� Provisions ensuring that
when a municipal zoning ordinance is in effect, a subdivision or site plan
shall conform to the applicable provisions of the zoning ordinance, and where
there is no zoning ordinance, appropriate standards shall be specified in an
ordinance pursuant to this article; and

���� e.���� Provisions ensuring
performance in substantial accordance with the final development plan; provided
that the planning board may permit a deviation from the final plan, if caused
by change of conditions beyond the control of the developer since the date of
final approval, and the deviation would not substantially alter the character
of the development or substantially impair the intent and purpose of the master
plan and zoning ordinance.

(cf: P.L.2013, c.123, s.1)

���� 3.��� Section 29.3 of
P.L.1975, c.291 (C.40:55D-41) is amended to read as follows:

���� 29.3.� Contents of site plan
ordinance.� An ordinance requiring site plan review and approval pursuant to
this article shall include and shall be limited to, except as provided in
sections 29 and 29.1 of this act standards and requirements relating to:

���� a.���� Preservation of
existing natural resources on the site;

���� b.��� Safe and efficient
vehicular and pedestrian circulation, parking and loading;

���� c.���� Screening, landscaping
and location of structures;

���� d.��� Exterior lighting needed
for safety reasons in addition to any requirements for street lighting;

���� e.���� Conservation of energy
and use of renewable energy sources
, including solar photovoltaic or solar
thermal systems, in a manner that maximizes solar gain
; and

���� f.���� Recycling of designated
recyclable materials.

(cf: P.L.1987, c.102, s.28)

���� 4.��� This act shall take
effect immediately.

STATEMENT

���� This bill authorizes that a
municipal land use ordinance, site plan ordinance, and a municipality�s master
plan contain provisions ensuring authorization for the design, development,
orientation, and construction of developments and other structures, in a manner
that is most beneficial to the installation, use, and efficacy of an
operational solar photovoltaic or solar thermal system, in a manner that
maximizes solar gain.� This legislation would save homeowners and developers
time and money in trying to align solar systems to the sun after construction
by building this alignment into the structures at the time of conception.