Bill Text: NJ A3256 | 2024-2025 | Regular Session | Introduced
Bill Title: Provides for regional economic and land use impact report and establishes review processes related to development of certain large warehouses; and requires related real property reassessments.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-01-09 - Introduced, Referred to Assembly State and Local Government Committee [A3256 Detail]
Download: New_Jersey-2024-A3256-Introduced.html
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Assemblywoman HEATHER SIMMONS
District 3 (Cumberland, Gloucester and Salem)
SYNOPSIS
Provides for regional economic and land use impact report and establishes review processes related to development of certain large warehouses; and requires related real property reassessments.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the approval of certain large warehouse development projects and related municipal land reassessment concerns, supplementing and amending P.L.1975, c.291 (C.40:55D-1 et seq.); and supplementing chapter 4 of Title 54 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) The Legislature finds and declares that:
a. The development of new types of large warehouses within a host municipality often result in land use, traffic, environmental, economic, fiscal, and social equity effects beyond the boundaries of the host municipality, and may adversely impact the overall region in which the large warehouse is being proposed for development;
b. It is important for a host municipality to have an updated master plan before the approval of a large warehouse in order for a host municipality to identify suitable areas within the municipality for commercial and economic development that does not conflict with the municipality's need to protect farming areas, open space, recreation areas, and areas of historic and cultural significance;
c. Additionally, it is critical for a municipality that has approved the development of a large warehouse to re-assess all real property in the municipality thereby helping to equalize the revenue requirements within the municipality; and
d. Therefore, in the interest of Statewide public health, safety, and welfare, it is essential to require each municipality to withhold individual land use approvals of large warehouses until the potential effects of the development of a large warehouse on the host municipality, certain adjoining municipalities, and on the entire region is assessed and approved.
2. Section 3 of P.L.1975, c.291 (C.40:55D-3) is amended to read
as follows:
3. For the purposes of this act, unless the context clearly indicates a different meaning:
The term "shall" indicates a mandatory requirement, and the term "may" indicates a permissive action.
"Administrative officer" means the clerk of the municipality, unless a different municipal official or officials are designated by ordinance or statute.
"Adjoining municipality" means a municipality that shares a municipal boundary with another municipality.
"Agricultural restriction" means an "agricultural deed restriction for farmland preservation purposes" as defined in section 3 of P.L.1983, c.32 (C.4:1C-13).
"Agricultural land" means "farmland" as defined pursuant to section 3 of P.L.1999, c.152 (C.13:8C-3).
"Applicant" means a developer submitting an application for development.
"Application for development" means the application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, cluster development, conditional use, zoning variance or direction of the issuance of a permit pursuant to section 25 or section 27 of P.L.1975, c.291 (C.40:55D-34 or C.40:55D-36).
"Approving authority" means the planning board of the municipality, unless a different agency is designated by ordinance when acting pursuant to the authority of P.L.1975, c.291 (C.40:55D-1 et seq.).
"Board of adjustment" means the board established pursuant to section 56 of P.L.1975, c.291 (C.40:55D-69).
"Building" means a combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy and having a roof.
"Cable television company" means a cable television company as defined pursuant to section 3 of P.L.1972, c.186 (C.48:5A-3).
"Capital improvement" means a governmental acquisition of real property or major construction project.
"Circulation" means systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits, and the handling of people and goods by such means as terminals, stations, warehouses, and other storage buildings or transshipment points.
"Cluster development" means a contiguous cluster or noncontiguous cluster that is not a planned development.
"Common open space" means an open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
"Conditional use" means a use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in the zoning ordinance, and upon the issuance of an authorization therefor by the planning board.
"Conservation restriction" means a "conservation restriction" as defined in section 2 of P.L.1979, c.378 (C.13:8B-2).
"Contiguous cluster" means a contiguous area to be developed as a single entity according to a plan containing a section or sections to be developed for residential purposes, nonresidential purposes, or a combination thereof, at a greater concentration of density or intensity of land use than authorized within the section or sections under conventional development, in exchange for the permanent preservation of another section or other sections of the area as common or public open space, or for historic or agricultural purposes, or a combination thereof.
"Conventional" means development other than cluster development or planned development.
"County agriculture development board" or "CADB" means a county agriculture development board established by a county pursuant to the provisions of section 7 of P.L.1983, c.32 (C.4:1C-14).
"County master plan" means a composite of the master plan for the physical development of the county in which the municipality is located, with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the county planning board pursuant to R.S.40:27-2 and R.S.40:27-4.
"County planning board" means the county planning board, as defined in section 1 of P.L.1968, c.285 (C.40:27-6.1), of the county in which the land or development is located.
(cf: P.L.2013, c.106, s.2)
3. Section 3.1 of P.L.1975, c.291 (C.40:55D-4) is amended to read as follows:
3.1. "Days" means calendar days.
"Density" means the permitted number of dwelling units per gross area of land that is the subject of an application for development, including noncontiguous land, if authorized by municipal ordinance or by a planned development.
"Developer" means the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
"Development" means the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to P.L.1975, c.291 (C.40:55D-1 et seq.).
"Development potential" means the maximum number of dwelling units or square feet of nonresidential floor area that may be constructed on a specified lot or in a specified zone under the master plan and land use regulations in effect on the date of the adoption of the development transfer ordinance or on the date of the adoption of the ordinance authorizing noncontiguous cluster, and in accordance with recognized environmental constraints.
"Development regulation" means a zoning ordinance, subdivision ordinance, site plan ordinance, official map ordinance or other municipal regulation of the use and development of land, or amendment thereto adopted and filed pursuant to P.L.1975, c.291 (C.40:55D-1 et seq.).
"Development restriction" means an agricultural restriction, a conservation restriction, or a historic preservation restriction.
"Development transfer" or "development potential transfer" means the conveyance of development potential, or the permission for development, from one or more lots to one or more other lots by deed, easement, or other means as authorized by ordinance.
"Development transfer bank" means a development transfer bank established pursuant to section 22 of P.L.2004, c.2 (C.40:55D-158) or the State TDR Bank.
"Drainage" means the removal of surface water or groundwater from land by drains, grading or other means and includes control of runoff during and after construction or development to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to lessen nonpoint pollution, to maintain the integrity of stream channels for their biological functions as well as for drainage, and the means necessary for water supply preservation or prevention or alleviation of flooding.
"Electric vehicle supply equipment" or "electric vehicle service equipment" or "EVSE" means the equipment, including the cables, cords, conductors, connectors, couplers, enclosures, attachment plugs, power outlets, power electronics, transformer, switchgear, switches and controls, network interfaces, and point of sale equipment and associated apparatus designed and used for the purpose of transferring energy from the electric supply system to a plug-in electric vehicle. "EVSE" may deliver either alternating current or, consistent with fast charging equipment standards, direct current electricity. "EVSE" is synonymous with "electric vehicle charging station."
"Environmental commission" means a municipal advisory body created pursuant to P.L.1968, c.245 (C.40:56A-1 et seq.).
"Erosion" means the detachment and movement of soil or rock fragments by water, wind, ice and gravity.
"Final approval" means the official action of the planning board taken on a preliminarily approved major subdivision or site plan, after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion, or approval conditioned upon the posting of such guarantees.
"Floor area ratio" means the sum of the area of all floors of buildings or structures compared to the total area of land that is the subject of an application for development, including noncontiguous land, if authorized by municipal ordinance or by a planned development.
"General development plan" means a comprehensive plan for the development of a planned development, as provided in section 4 of P.L.1987, c.129 (C.40:55D-45.2).
"Governing body" means the chief legislative body of the municipality. In municipalities having a board of public works, "governing body" means such board.
"Historic district" means one or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites.
"Historic preservation restriction" means a "historic preservation restriction" as defined in section 2 of P.L.1979, c.378 (C.13:8B-2).
"Historic site" means any real property, man-made structure, natural object or configuration or any portion or group of the foregoing of historical, archeological, cultural, scenic or architectural significance.
"Host municipality" means the municipality where the application for development of a large warehouse has been filed.
"Inherently beneficial use" means a use which is universally considered of value to the community because it fundamentally serves the public good and promotes the general welfare. Such a use includes, but is not limited to, a hospital, school, child care center, group home, or a wind, solar or photovoltaic energy facility or structure.
"Instrument" means the easement, credit, or other deed restriction used to record a development transfer.
"Interested party" means: (a) in a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey; and (b) in the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire, or enjoy property is or may be affected by any action taken under P.L.1975, c.291 (C.40:55D-1 et seq.), or whose rights to use, acquire, or enjoy property under P.L.1975, c.291 (C.40:55D-1 et seq.), or under any other law of this State or of the United States have been denied, violated or infringed by an action or a failure to act under P.L.1975, c.291 (C.40:55D-1 et seq.).
"Land" includes improvements and fixtures on, above or below the surface.
"Large warehouse" means a large facility meeting guideline requirements as promulgated by the State Planning Commission, pursuant to paragraph (1) of subsection a. of section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill), and designed predominantly for receiving and storing goods and materials before they are sold, used, or redistributed.
"Local utility" means any sewerage authority created pursuant to the "sewerage authorities law," P.L.1946, c.138 (C.40:14A-1 et seq.); any utilities authority created pursuant to the "municipal and county utilities authorities law," P.L.1957, c.183 (C.40:14B-1 et seq.); or any utility, authority, commission, special district or other corporate entity not regulated by the Board of Regulatory Commissioners under Title 48 of the Revised Statutes that provides gas, electricity, heat, power, water or sewer service to a municipality or the residents thereof.
"Lot" means a designated parcel, tract or area of land established by a plat or otherwise, as permitted by law and to be used, developed or built upon as a unit.
(cf: P.L.2021, c.171, s.5)
4. Section 7.1 of P.L.1975, c.291 (C.40:55D-12) is amended to read as follows:
7.1. Notice pursuant to subsections a., b., d., e., f., g. and, h. of this section shall be given by the applicant unless a particular municipal officer is so designated by ordinance; provided that nothing contained herein shall prevent the applicant from giving such notice if he so desires. Notice pursuant to subsections a., b., d., e., f., g. and, h. of this section shall be given at least 10 days prior to the date of the hearing.
a. Public notice of a hearing shall be given for an extension of approvals for five or more years under subsection d. of section 37 of P.L.1975, c.291 (C.40:55D-49) and subsection b. of section 40 of P.L.1975, c.291 (C.40:55D-52); for modification or elimination of a significant condition or conditions in a memorializing resolution in any situation wherein the application for development for which the memorializing resolution is proposed for adoption required public notice, and for any other applications for development, with the following exceptions: (1) conventional site plan review pursuant to section 34 of P.L.1975, c.291 (C.40:55D-46), (2) minor subdivisions pursuant to section 35 of P.L.1975, c.291 (C.40:55D-47) or (3) final approval pursuant to section 38 of P.L.1975, c.291 (C.40:55D-50); notwithstanding the foregoing, the governing body may by ordinance require public notice for such categories of site plan review as may be specified by ordinance, for appeals of determinations of administrative officers pursuant to subsection a. of section 57 of P.L.1975, c.291 (C.40:55D-70), and for requests for interpretation pursuant to subsection b. of section 57 of P.L.1975, c.291 (C.40:55D-70). Public notice shall also be given in the event that relief is requested pursuant to section 47 or 63 of P.L.1975, c.291 (C.40:55D-60 or C.40:55D-76) as part of an application for development otherwise excepted herein from public notice.
In addition, public notice shall be given by a public entity seeking to erect an outdoor advertising sign on land owned or controlled by a public entity as required pursuant to section 22 of P.L.1975, c.291 (C.40:55D-31) or, if so provided by ordinance adopted pursuant to subsection g. of section 29.1 of P.L.1975, c.291 (C.40:55D-39), by a private entity seeking to erect an outdoor advertising sign on public land or on land owned by a private entity.
Public notice shall be given by publication in the official newspaper of the municipality, if there be one, or in a newspaper of general circulation in the municipality.
b. Except as provided in paragraph (2) of subsection h. of this section, notice of a hearing requiring public notice pursuant to subsection a. of this section shall be given to the owners of all real property as shown on the current tax duplicates, located in the State and within 200 feet in all directions of the property which is the subject of such hearing; provided that this requirement shall be deemed satisfied by notice to the (1) condominium association, in the case of any unit owner whose unit has a unit above or below it, or (2) horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Notice shall be given by: (1) serving a copy thereof on the property owner as shown on the said current tax duplicate, or his agent in charge of the property, or (2) mailing a copy thereof by certified mail to the property owner at his address as shown on the said current tax duplicate.
Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust or homeowners' association, because of its ownership of common elements or areas located within 200 feet of the property which is the subject of the hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners, or homeowners on account of such common elements or areas.
c. Upon the written request of an applicant, the administrative officer of a municipality shall, within seven days, make and certify a list from said current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to subsection b. of this section. In addition, the administrative officer shall include on the list the names, addresses and positions of those persons who, not less than seven days prior to the date on which the applicant requested the list, have registered to receive notice pursuant to subsection h. of this section. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner, to any public utility, cable television company, or local utility or to any military facility commander not on the list shall not invalidate any hearing or proceeding. A sum not to exceed $0.25 per name, or $10.00, whichever is greater, may be charged for such list.
d. Notice of hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the clerk of such municipality.
e. Notice shall be given by personal service or certified mail to the county planning board of a hearing on an application for development of property adjacent to an existing county road or proposed road shown on the official county map or on the county master plan, adjoining other county land or situated within 200 feet of a municipal boundary.
f. Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a State highway.
g. Notice shall be given by personal service or certified mail to the State Planning Commission of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. The notice shall include a copy of any maps or documents required to be on file with the municipal clerk pursuant to subsection b. of section 6 of P.L.1975, c.291 (C.40:55D-10).
h. Notice of hearings on applications for approval of a major subdivision or a site plan not defined as a minor site plan under this act requiring public notice pursuant to subsection a. of this section shall be given: (1) in the case of a public utility, cable television company or local utility which possesses a right-of-way or easement within the municipality and which has registered with the municipality in accordance with section 5 of P.L.1991, c.412 (C.40:55D-12.1), by (I) serving a copy of the notice on the person whose name appears on the registration form on behalf of the public utility, cable television company or local utility or (ii) mailing a copy thereof by certified mail to the person whose name appears on the registration form at the address shown on that form; (2) in the case of a military facility which has registered with the municipality and which is situated within 3,000 feet in all directions of the property which is the subject of the hearing, by (I) serving a copy of the notice on the military facility commander whose name appears on the registration form or (ii) mailing a copy thereof by certified mail to the military facility commander at the address shown on that form.
i. The applicant shall file an affidavit of proof of service with the municipal agency holding the hearing on the application for development in the event that the applicant is required to give notice pursuant to this section.
j. Notice pursuant to subsections d., e., f., g. and h. of this section shall not be deemed to be required, unless public notice pursuant to subsection a. and notice pursuant to subsection b. of this section are required.
k. The administrative officer of a host municipality shall provide notice of the receipt of an application for development of a large warehouse, by personal service or certified mail to the clerk of each adjoining municipality.
(cf: P.L.2005, c.41, s.3)
5. (New section) a. Whenever an applicant files an application for development of a "large warehouse," the administrative officer of the host municipality shall deliver to the clerk of each adjoining municipality a notice of regional impact which shall include a copy of the complete application for development. Delivery of the notice of regional impact shall be made as soon as practicable after the application for development is deemed complete, and shall suspend any otherwise applicable time requirement, including the convening of a hearing date related to the application. Any time provision otherwise applicable to the application for development shall be tolled until the date of a final decision on the regional impact of the application for development.
b. (1) The governing body of an adjoining municipality, within 20 days after receipt of notice under subsection a. of this section, may adopt a resolution of regional concerns and deliver a copy of the resolution to the administrative officer and to the applicant.
(2) If the host municipality receives an application for development of a large warehouse and does not share a border with a county, the administrative officer shall notify the county planning board and each adjoining municipality of the need for a regional impact hearing before the county planning board pursuant to subsection c. of this section.
(3) If the host municipality receives an application for development of a large warehouse and does share a border with a county, the administrative officer shall notify the State Planning Commission and each adjoining municipality of the need for a regional impact hearing before the State Planning Commission pursuant to paragraph (2) of subsection a. of section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill).
c. A county planning board conducting a regional impact hearing shall render a decision to allow or disallow a host municipality to consider an application for development of a large warehouse. The county planning board shall only render a decision to allow the application for development of a large warehouse to be considered by the host municipality upon the board's determination that the applicant has made an affirmative showing that approval of the application for development may be granted:
(1) without substantial detriment to the general welfare of an adjoining municipality or the overall region;
(2) without substantial detriment to the economic and fiscal impact of an adjoining municipality or the overall region; and
(3) without substantial impairment to the intent and purpose of the master plan or zoning ordinance of an adjoining municipality.
d. An adjoining municipality which is aggrieved by a decision of a county planning board made pursuant to subsection c. of this section may submit an appeal in writing within 45 days of the county planning board's final decision to the State Planning Commission pursuant to paragraph (3) of subsection a. of section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill).
6. (New section) Prior to consideration of an application for development for a large warehouse by a county planning board or the State Planning Commission, the host municipality shall prepare and make available a regional economic and land use impact report. The preparation of a regional economic and land use impact report shall not be waived, and shall be completed and distributed no later than the date on which a hearing of a county planning board or the State Planning Commission is scheduled to first consider an application for a large warehouse development.
a. A host municipality may contract with a private entity, other than the applicant, or another public agency for the preparation of a regional economic and land use impact report. The host municipality and the private entity or other public agency shall ensure that persons qualified by education, training, and experience to conduct economic and fiscal analyses prepare the regional economic and land use impact report.
b. The applicant shall pay the costs of preparing a regional economic and land use impact report.
c. A regional economic and land use impact report shall include, but not be limited to, all of the following:
(1) an assessment of the extent to which the proposed large warehouse will capture a share of retail sales in the municipality, adjoining municipalities, or the county;
(2) an assessment of how the construction and operation of the proposed large warehouse will affect the supply and demand for retail space in the municipality, and county;
(3) an assessment of how the construction and operation of the proposed large warehouse will affect wages and benefits, community income levels, and the demand for employment in the municipality, adjoining municipalities, and the county;
(4) a projection of the costs of public services and public facilities resulting from the construction and operation of the proposed large warehouse and the incidence of those costs;
(5) a projection of the public revenues resulting from the construction and operation of the proposed large warehouse and the incidence of those revenues;
(6) an assessment of the effect that the construction and operation of the proposed large warehouse will have on retail operations in the same or neighboring counties;
(7) an assessment of the effect that the construction and operation of the proposed large warehouse will have on the ability of the municipality, adjoining municipalities, or the county to implement the goals contained in its respective master plan, including, but not limited to, local policies and standards that apply to land use patterns, traffic circulation, affordable housing, natural resources, including water supplies, open-space lands, noise problems, and safety risks; and
(8) an assessment of the effect that the construction and operation of the proposed large warehouse will have on average total vehicle miles traveled by retail customers in the same or neighboring counties.
d. Nothing in this section shall preclude a host municipality from conducting additional studies of the effects of the construction and operation of a proposed large warehouse.
e. A regional economic and land use impact report prepared pursuant to this section shall be delivered to the county planning board or the State Planning Commission, as applicable, and shall be made available to any adjoining municipality, upon request.
7. (New section) a. The State Planning Commission shall have the following duties:
(1) to promulgate and publish guidelines for determining what constitutes a large warehouse and what constitutes a regional concern for an adjoining municipality, with regard to the development of a large warehouse in an adjoining municipality. Regional concerns shall consist of:
(a) the general welfare of an adjoining municipality, as impacted by traffic, noise, lights, odor, or environmental issues;
(b) conflicts with the master plan or zoning ordinance of an adjoining municipality; and
(c) issues required to be included in a regional economic and land use impact report under subsection c. of section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill).
(2) to conduct regional impact hearings and render decisions regarding development approvals for host municipalities that share a border with a county, upon receiving a notification in accordance with paragraph (3) of subsection b. of section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill).
(3) to receive and hear appeals and render decisions regarding host municipality development approvals of large warehouses, upon an appeal filed in accordance with the provisions of subsection d. of section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. The State Planning Commission shall, within 45 days of a hearing, render a decision to allow or disallow the application for development of a large warehouse to be considered by the host municipality. The State Planning Commission shall render a decision to allow an application, pursuant to paragraphs (2) and (3) of subsection a. of this section, if the commission determines that the applicant has made an affirmative showing that approval of the application for development may be granted:
(1) without substantial detriment to the general welfare of an adjoining municipality or the overall region;
(2) without substantial detriment to the economic and fiscal impact of an adjoining municipality or the overall region; and
(3) without substantial impairment to the intent and purpose of the master plan or zoning ordinance of an adjoining municipality.
c. The State Planning Commission shall post on the commission's Internet website the required guidelines as described in paragraph (1) of subsection a. of this section.
8. 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; 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).
e. A host municipality, upon receiving an application for a large warehouse development in accordance with the provisions of sections 5 through 7 of P.L. , c. (C. through C. ) (pending before the Legislature as this bill), and prior to approving the application, shall notify the planning board of the need to update the master plan, unless the master plan was updated within the prior 12 months. If a host municipality's master plan was not updated within the prior 12 months, the planning board of the host municipality shall update the land use and development proposal aspects, as described in subsection b. of this section, of the host municipality's master plan in order to consider the number and nature of variances that were granted in the prior 12 months.
(cf: P.L.2021, c.6, s.1)
9. (New section) If a municipality that has approved a large warehouse development project pursuant to the provisions of sections 5 through 7 of P.L. , c. (C. through C. ) (pending before the Legislature as this bill) has not performed a municipal-wide revaluation or municipal-wide reassessment of all real property in the municipality within the 60 months immediately preceding the approval of the large warehouse development project, the municipality shall perform the municipal-wide revaluation or municipal-wide reassessment of real property within the municipality not later the 24th month next following that approval.
10. This act shall take effect immediately.
STATEMENT
This bill provides for regional economic and land use impact reports, establishes review processes related to development of certain large warehouses, and requires related real property reassessments.
The bill applies to any "large warehouse," as defined in the bill. The bill provides that whenever an applicant files an application for development of a large warehouse, the administrative officer of a host municipality is to deliver to the clerk of each adjoining municipality a notice of regional impact that is to include a copy of the complete application for development. Delivery of the notice of regional impact is to be made as soon as practicable after the application for development is deemed complete, and would suspend any otherwise applicable time requirement, including the convening of a hearing date related to the application. Once an application for development has been received by the clerk of each adjoining municipality, any time provision applicable to the application for development is to be suspended until after receiving a final decision, not subject to appeal, regarding the regional impact of the application for development from the county planning board (board) or a decision of the State Planning Commission (commission).
Under the bill, the governing body of an adjoining municipality, within 20 days after receipt of notice may adopt a resolution of regional concerns and deliver a copy of the resolution to the administrative officer and to the applicant. If the host municipality receives an application for development of a large warehouse and does not share a border with a county border, the administrative officer is to notify the board and each adjoining municipality of the need for a regional impact hearing before the board. If the host municipality receives an application for development of a large warehouse and does share a border with a county border, the administrative officer is to notify the commission and each adjoining municipality of the need for a regional impact hearing before the commission.
A board conducting a regional impact hearing is to render a decision to allow or disallow a host municipality to consider an application for development of a large warehouse. The county planning board is only to render a decision to allow the application for development of a large warehouse to be considered by the host municipality upon the board's determination that the applicant has made an affirmative showing that approval of the application for development may be granted under certain circumstances enumerated in the bill.
The bill provides that an adjoining municipality that is aggrieved by a decision of a county planning board may submit an appeal in writing within 45 days of the board's final decision to the commission.
Under the bill, prior to consideration of an application for development for a large warehouse by a board or the commission, the host municipality is to prepare and make available a regional economic and land use impact report. The preparation of a regional economic and land use impact report is not to be waived, and is to be completed and distributed no later than the date on which a hearing of a board or the commission is scheduled to consider an application for a large warehouse development.
The bill provides that a host municipality may contract with a private entity, other than the applicant, or another public agency for the preparation of a regional economic and land use impact report. The host municipality and the private entity or other public agency is to ensure that persons qualified by education, training, and experience to conduct economic and fiscal analyses prepare the regional economic and land use impact report. Additionally, the applicant is to pay the costs of preparing a regional economic and land use impact report.
Under the bill, a regional economic and land use impact report is to include, but not be limited to, certain provisions provided in the bill.
The bill provides that a regional economic and land use impact report prepared is to be delivered to the board or the commission, as applicable, and is to be made available to any adjoining municipality, upon request.
Under the bill, the commission is to have certain duties enumerated in the bill.
The bill provides that the commission, within 45 days of a hearing, is to render a decision to allow or disallow the application for development of a large warehouse to be considered by the host municipality. The commission is to render a decision to allow an application if the commission determines that the applicant has made an affirmative showing that approval of the application for development may be granted without certain detriments enumerated in the bill.
Under the bill, a host municipality, upon receiving an application for a large warehouse development, and prior to approving an application, is to notify the planning board of the need to update the master plan, unless the master plan was updated within the prior 12 months. If a host municipality's master plan was not updated within the prior 12 months, the planning board of the host municipality is to update the land use and development proposal aspects of the host municipality's master plan in order to consider the number and nature of variances that were granted in the prior 12 months.
The bill provides that if a municipality that has approved a large warehouse development project has not performed a municipal-wide revaluation or municipal-wide reassessment of all real property in the municipality within the 60 months immediately preceding the approval of the large warehouse development project, the municipality is to perform the municipal-wide revaluation or municipal-wide reassessment of real property within the municipality not later the 24th month next following that approval.
