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Solar Energy Projects – Ensuring a Timely and Smooth Transaction and Obtaining Necessary Development Approvals

June 8, 2022
By Alan P. Fox, Esq.

The goal of every developer for a photovoltaic solar energy project is to ensure a timely and smooth transaction and obtaining necessary development approvals.

Identifying wetlands and wetland buffers, local tree ordinances, access easements and storm water management issues are just a few of the hurdles that a land use attorney must address.

    • Does your purchase or lease agreement contain an adequate due diligence provision affording you full protection and the right to access?
    • Do you have a strategy if your due diligence investigation discloses environmental issues?
    • Have you identified the land use issues related to easements, wetlands, storm water management, buffering, security, interconnection and other issues necessary for site plan approval?
    • What are best practices for due diligence investigation for underground tanks, wetlands, soil suitability and tree removal?
    • What are practical solutions and considerations when faced with lack of access?

Armed with the knowledge and experience to cure land use issues related to developing a solar energy system, assistance is needed in spotting these issues and providing practical and effective solutions to the permitting process to ensure your transaction proceeds on time and with few surprises.

Alan P. Fox, Esq., Chair of the firm’s Alternative Energy Group, has over 30 years of experience in land use practice in New Jersey.  He is ready to review these and other challenging matters in connection with a purchase agreement, lease agreement or option agreement, as well as land use approvals and permits related for your ground mounted, canopy and combined roof top photovoltaic solar energy project.

Please contact Alan if you are considering developing a photovoltaic solar energy project in New Jersey to ensure a timely transaction and obtaining the necessary development approvals.

About the Author:

Alan P. Fox

Chair, Alternative Energy and Co-Chair, Real Estate & Land Use Practice


Mr. Fox focuses his practice on alternative energy (including wind and solar), banking, bankruptcy, creditors’ rights, workouts, commercial and transportation litigation, commercial transactions, business/corporate law, commercial and residential real estate, zoning and land use law.

Mr. Fox has developed his practice in the areas of commercial litigation, commercial transactions, bankruptcy, business law, real estate, real estate tax appeals, renewable energy law, zoning and land use law. He represents both lenders and borrowers in commercial lending. He has over 30 years of experience presenting land use applications before zoning and planning boards, including 8 years as the solicitor for the Riverside Township Land Use Board. He has litigated zoning matters at the appellate level. He successfully won a railroad condemnation case for a Class 1 railroad before the NJ Supreme Court.

His commercial real estate practice covers shopping centers, restaurants, retail, office buildings, manufacturing, warehouses and residential developments, as well as net metering and community solar energy projects. He navigates his clients through the local, county and the state regulatory permits and approvals process.

Currently, his alternative energy practice has expanded into transactions related to and obtaining zoning approvals for photovoltaic solar electric production systems in New Jersey, as well as transactional documents for solar projects including options and purchase agreements, easements, PPAs and related documents. His alternative energy practice is expanding into more growth opportunities including electric vehicle charging stations, development of the Offshore Wind industry and battery storage for alternative energy projects.

Mr. Fox’s commercial litigation experience covers a wide variety of industries, including banking, landscape, manufacturing,  construction, automotive retail, real estate development, wholesale floral and solar energy projects. He also assists creditors with collections under notes and loan agreements, security agreements, mortgage foreclosure, replevin or assignments of rents. His representation of creditors in the bankruptcy court includes negotiating cash collateral agreements, stay relief motions, defending preference actions, non-dischargeability issues, rejection/assumption of executor contract or lease issues.

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