New Jersey-2022-A4475-Introduced

An Act concerning warehouse development and supplementing P.L.1971, c.199 (C.40A:12-1 et seq.) and chapter 27 of Title 40 of the Revised Statutes.

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

1. The Legislature finds and declares that:

a. The development and operation of new types of large warehouses within a municipality often result in land use, environmental, economic, fiscal, and social equity effects beyond the boundaries of the municipality, and uniquely and adversely impact the county and overall region in which the large warehouse is being proposed for development;

b. It is important to provide counties in the State with means to mitigate the negative land use, environmental, economic, fiscal, and social equity impacts of large warehouses within the municipality; and

c. Therefore, in the interest of Statewide public health, safety, and welfare, it is essential to permit each county to review and approve the development of large warehouses, as provided for in section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), prior to a municipality granting preliminary site plan approval.

2. a. A person seeking to develop a warehouse shall submit an application for development for the warehouse to the county planning board of the county within which the warehouse is being proposed for development for review, pursuant to the provisions of sections 2 through 5 of P.L. , c. (C. through C. ) (pending before the Legislature as this bill), prior to the preliminary site plan approval by the approving authority pursuant to the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.). The review shall be advisory in nature with the intent to inform the approving authority on potential regional impacts of the warehouse development.

b. The county planning board shall conduct an impact assessment prior to the preliminary site plan review to ensure that the residents of the municipality where the warehouse development is being proposed and residents in potentially affected municipalities, as determined by the county planning board, do not incur substantial adverse effects from the proposed warehouse development. A county planning board shall develop an impact statement based upon the results of the impact assessment and may solicit the assistance and services of the developer, any State, county, or municipal department, board, bureau, commission, or agency, or private entity as it may require to develop the impact statement. The impact statement shall include, but not be limited to, an analysis of the warehouse development's effect on:

(1) traffic flow around the warehouse development, within the municipality, and within the county as a whole;

(2) public transportation and its supporting infrastructure;

(3) the timely provision of emergency services;

(4) noise control;

(5) the surrounding environment and ecosystem;

(6) stormwater management;

(7) air quality;

(8) any necessary site remediation;

(9) the cultural and historical integrity of the municipality;

(10) neighboring residential areas; and

(11) the economy of the surrounding community, which shall include a cost-benefit analysis.

c. In developing the impact statement required pursuant to this section, the county planning board, in consultation with affected municipalities, as needed, shall develop a traffic and road planning element of the impact statement, in coordination with relevant State departments and agencies and metropolitan planning organizations. The traffic and road planning element shall detail any changes that may be necessary to properly prepare the area for the increase in traffic from the building and operation of a warehouse. The traffic and road planning element of the impact statement shall include, but not be limited to:

(1) an identification of all onsite and offsite transportation impacts, including vehicular, truck, pedestrian, and public transit access, which shall extend beyond the warehouse development site to analyze anticipated traffic routes between the warehouse location and nearest highway access points;

(2) an examination of whether existing roadway infrastructure can facilitate increased vehicular traffic on these routes while maintaining traffic safety; and

(3) recommendations for providing municipalities and counties with the ability to designate acceptable truck routes away from unsuitable areas, as determined by the county planning board, while also planning for road improvements.

d. A county planning board may impose a fee on a warehouse development applicant to consider an application for development of a warehouse submitted pursuant to this section to offset the costs involved in administering sections 2 through 5 of P.L. , c. (C. through C. ) (pending before the Legislature as this bill), including the notice requirements required pursuant to paragraphs (1) and (2) of subsection b. of section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill).

3. a. A county, with the assistance and support of the municipality in which the warehouse development is proposed, any municipalities affected by a warehouse development, or both, may establish a technical advisory committee for the purpose of advising the county planning board on developing the impact assessment and impact statement required pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), the long-range effects of a warehouse development, and to provide reports and comments for consideration to an approving authority when evaluating or updating a municipality's master plan, ordinances, planning and zoning policies, or any other relevant land use issues concerning warehouse development.

b. (1) A technical advisory committee established pursuant to section a. of this section shall be comprised of individuals in a number and with expertise that shall be determined by the county planning board.

(2) Notwithstanding the provisions of subsection a. of this section, the technical advisory committee shall include at least one representative from each affected municipality, as determined by the county planning board, and county, and may include, but not be limited to, representatives from relevant State departments and agencies, commissions, boards, authorities, bi-state authorities, and metropolitan planning organizations.

c. A county that establishes a technical advisory committee may designate the committee to approve the impact statement as required pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill) instead of the county planning board.

4. a. Prior to the issuance of the impact statement, the county planning board shall conduct a public hearing on the proposed warehouse development. In developing the impact statement, the county planning board shall consider and incorporate the testimony of interested parties who testify at the public hearing.

b. Notice of the time and place of the public hearing shall be given as follows:

(1) by publication in a newspaper of general circulation in the county at least 45 days prior to the hearing; and

(2) by mailing the notice to the owners of all real property as shown on the current tax duplicates located in the State and within 1,000 feet in all directions of the property which is the subject of the hearing.

5. a. A county planning board shall have 180 days from the date an application for a warehouse development is submitted to complete and approve the impact statement required pursuant to section 2 of P.L. , c. (C. ). Upon completion, the county planning board shall transmit the impact statement to the approving authority of the municipality that shall be considering the preliminary site plan review.

b. As used in sections 1 through 5 of P.L. , c. (C. through C. ) (pending before the Legislature as this bill), "warehouse" means any building or facility that is:

(1) a distribution center that operates to facilitate shipments to businesses or fulfilment centers and that includes one or more structures that are at least 500,000 square feet;

(2) a fulfillment center that packs and delivers items to individual customers and that is between 150,000 and 499,999 square feet; or

(3) a last-mile fulfillment facility serving the final leg of delivery to individuals or businesses and that is between 50,000 to 149,999 square feet.

6. The Legislature finds and declares that:

a. The development and operation of new types of large warehouses within a municipality often result in land use, environmental, economic, fiscal, and social equity effects within and beyond the boundaries of the municipality, and do uniquely and adversely impact the municipality and overall region in which the large warehouse is being proposed for development;

b. It is important to provide municipalities with means to mitigate the negative land use, environmental, economic, fiscal, and social equity impacts of large warehouses within and beyond the boundaries of the municipality; and

c. Therefore, in the interest of Statewide public health, safety, and welfare, it is essential to permit each municipality to withhold individual land use approvals of large warehouses, as provided in section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill), until the municipality has had the opportunity to evaluate and take steps to mitigate the negative land use, environmental, economic, fiscal, and social equity impacts of large warehouses within and beyond the boundaries of the municipality.

7. a. A municipality may enter into a lease with the owner of a proposed warehouse development whereby the municipality may lease the rooftop space of the proposed warehouse for purposes of installing solar panels.

b. A municipality that enters into a lease with the owner of a warehouse development pursuant to subsection a. of this section shall retain the rights to the solar energy generated by the solar panels.

c. As a condition of final site plan approval, a municipality shall consider the impact statement approved pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill) and confirm that the proposed warehouse meets the criteria of solar-ready building, as required pursuant to section 1 of P.L.2021, c.290 (C.52:27D-123.19). As a condition of final site plan approval, a municipality may also require the owner of the warehouse to grant an easement to the rooftop space to the municipality for the installation of solar panels to help mitigate the adverse impacts the warehouse development and its operation imposes upon the municipality, region, and State.

d. As used in this section:

"Solar panel" means an elevated panel or plate, or a canopy or array thereof, that captures and converts solar radiation to produce power, and includes flat plate, focusing solar collectors, or photovoltaic solar cells.

"Solar-ready building" means a building that includes a solar-ready zone.

"Solar-ready zone" means a section of a roof or building overhang designated and reserved for the future installation of a solar photovoltaic or solar thermal system, which is at least 40 percent of the roof area calculated as the horizontally projected areas minus the area covered by skylights, occupied roof decks, vegetative roof areas, and mandatory access or set back areas required by the State Uniform Construction Code, or as otherwise provided in the 2018 International Energy Conservation Code, Appendix CA, and any successor model code, concerning solar-ready zones.

"Warehouse" means any building or facility that is:

(1) a distribution center that operates to facilitate shipments to businesses or fulfilment centers and that includes one or more structures that are at least 500,000 square feet;

(2) a fulfillment center that packs and delivers items to individual customers and that is between 150,000 and 499,999 square feet; or

(3) a last-mile fulfillment facility serving the final leg of delivery to individuals or businesses and that is between 50,000 to 149,999 square feet.

8. This act shall take effect immediately.

STATEMENT

This bill requires, in tandem with a municipality granting preliminary site plan approval, that an application for development of a warehouse first be subject to review by the county planning board of the county within which the warehouse will be situated. The county planning board is to conduct an impact assessment and develop an impact statement as part of the site plan review to ensure that residents and neighboring municipalities do not incur substantial adverse effects from the proposed development. A county planning board may solicit the assistance and services of the developer, any State, county, or municipal department, board, bureau, commission, or agency, or private entity as it may require to develop the impact statement. The impact statement shall include, but not be limited to, an analysis of the development's effect on certain concerns enumerated in the bill.

In developing the impact statement required pursuant to the bill, the county planning board, in consultation with affected municipalities, as needed, shall develop a traffic and road planning element of the impact statement, in coordination with relevant State departments and agencies and metropolitan planning organizations. The traffic and road planning element shall detail any changes that may be necessary to properly prepare the area for the increase in traffic from the building and operation of a warehouse, which is to include certain issues enumerated in the bill.

The bill provides that a county, with the assistance and support of the constituent municipality or municipalities affected by a warehouse development, may establish a technical advisory committee for the purpose of advising the county planning board and affected municipalities on the impact statement, the long-range effects of a warehouse development, and to provide reports and comments for consideration by local planning boards when evaluating or updating a municipality's master plan, ordinances, planning and zoning policies, or any other relevant land use issues concerning warehouse development. A technical advisory committee established by this bill is to be comprised of individuals in a number and with expertise that is to be determined by the county; however, at least one representative is to be from each affected municipality and county.

The bill provides that a county that establishes a technical advisory committee may designate the committee to approve the final impact statement instead of the county planning board.

Prior to the approval and issuance of the impact statement for a warehouse development pursuant to the provisions of the bill, the county planning board is required to conduct a public hearing on the proposed project. Notice for the public hearing is required to be given: 1) by publication in a newspaper of general circulation in the county at least 45 days prior to the hearing; and 2) by mailing the notice to the owners of all real property as shown on the current tax duplications located in the State and within 1,000 feet in all directions of the property which is the subject of the hearing. The bill authorizes a county planning board to charge a fee to consider an application for development of a warehouse under the bill.

Under the bill, a municipality may enter into a lease with the owner of a warehouse development approved for construction under the bill whereby the municipality may lease the rooftop space of the warehouse for purposes of installing solar panels. A municipality that enters into a lease with the owner of the warehouse development is to retain the rights to the solar energy generated by the solar panels. The bill also provides that as a condition of final site plan approval, a municipality is required to confirm that the proposed warehouse meets the criteria of a solar-ready building, as required by current law, and may require the owner of the warehouse to grant an easement to the rooftop space to the municipality for the installation of solar panels.