Bill Text: NJ A5028 | 2022-2023 | Regular Session | Introduced
Bill Title: Concerns regulatory guidance for local approving authorities on approval of warehouse development.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2023-01-10 - Introduced, Referred to Assembly Community Development and Affairs Committee [A5028 Detail]
Download: New_Jersey-2022-A5028-Introduced.html
Sponsored by:
Assemblyman ALEX SAUICKIE
District 12 (Burlington, Middlesex, Monmouth and Ocean)
Assemblyman JOE DANIELSEN
District 17 (Middlesex and Somerset)
SYNOPSIS
Concerns regulatory guidance for local approving authorities on approval of warehouse development.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning guidance for approval of warehouse development, supplementing P.L.1985, c.398 (C.52:18A-196 et al.), and amending P.L.2005, c.133.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. On or before the first day of the third month next following enactment of P.L. c. (C. ) (pending before the Legislature as this bill), the State Planning Commission shall promulgate rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), or, notwithstanding the limitations established in section 1 of P.L.2011, c.215 (C.52:14B-3a) concerning the use of regulatory guidance documents, shall publish a regulatory guidance publication, pursuant to section 1 of P.L.2011, c.215 (C.52:14B-3a), or both, to assist municipal planning boards and other agencies when acting pursuant to the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.) on applications for the development of warehouses, including but not limited to, structures intended to serve as major distribution centers, large fulfillment centers, and last miles fulfillment centers.
b. The commission shall produce the guidance publication, or publications, as required pursuant to subsection a. of this section, in a concise, plain-language format, and shall incorporate examples of questions and reports that are customarily to be asked of, or requested from, a warehouse development applicant prior to the issuance of development approvals in order to address potential community concerns, including but not limited to, traffic volumes, road safety, and environmental considerations. The commission shall make the guidance publication, or publications, available to the public on the Internet website of the commission.
c. Upon completion, and upon any update, to the guidance publication, or publications, produced pursuant to subsection a. of this section, the commission shall notify the Commissioner of Community Affairs in order to provide the commissioner with an opportunity to incorporate the new materials into the course offered to officials with responsibilities to enforce the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.), as required pursuant to paragraph (4) of subsection a. of section 2 of P.L.2005, c.133 (C.40:55D-23.3).
2. Section 2 of P.L.2005, c.133 (C.40:55D-23.3) is amended to read as follows:
2. a. The Commissioner of Community Affairs shall cause to be prepared and offered a basic course in land use law and planning within six months from the effective date of P.L.2005, c.133 (C.40:55D-23.3 et al.) for current and prospective members and alternate members of local planning boards pursuant to section 14 of P.L.1975, c.291 (C.40:55D-23) and section 13 of P.L.1979, c.216 (C.40:55D-23.1), zoning boards of adjustment pursuant to section 56 of P.L.1975, c.291 (C.40:55D-69), and supplemental zoning boards of adjustment pursuant to section 1 of P.L.2019, c.225 (C.40:55D-69.2), and combined boards as authorized under law. The basic course to be prepared and offered pursuant to this section shall:
(1) consist of no more than five hours of scheduled instruction [and shall] ;
(2) be structured so that a member may satisfy this requirement within one calendar day [. The commissioner shall work] ;
(3) be developed in conjunction with the New Jersey Planning Officials in establishing standards for curriculum and administration of the course of study; and
(4) include a module specifically on warehouse development, incorporating the guidance publication, or publications, produced pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. On or after the first date on which a course in land use law and planning is offered, except as otherwise provided in section 3 of P.L.2005, c.133 (C.40:55D-23.4), a person shall not be seated as a first-term member or alternate member of a local planning board pursuant to section 14 of P.L.1975, c.291 (C.40:55D-23) or section 13 of P.L.1979, c.216 (C.40:55D-23.1), a zoning board of adjustment pursuant to section 56 of P.L.1975, c.291 (C.40:55D-69), or a combined board as authorized under law, unless the person agrees to take the basic course required to be offered under subsection a. of this section, which the person shall successfully complete within 18 months of assuming board membership in order to retain board membership. A person shall not be seated as a regular member of a supplemental zoning board of adjustment established pursuant to section 1 of P.L.2019, c.225 (C.40:55D-69.2) unless the person agrees to take the basic course offered under subsection a. of this section and successfully completes the course within six months of assuming board membership.
c. Except as otherwise provided in section 3 of P.L.2005, c.133 (C.40:55D-23.4), any person who is serving as a member or alternate member of a planning board or zoning board of adjustment or combined board as authorized under law on the first date on which a course in land use law and planning is offered shall be required to complete that course within 18 months of the date upon which the course is first offered in order to retain membership on that board.
d. A hearing or proceeding held, or decision or recommendation made, by a planning board or zoning board of adjustment shall not be invalidated if a member has participated in the hearing or proceeding or in the decision making or recommendation and that member is subsequently found not to have completed the basic course in land use law and planning required pursuant to P.L.2005, c.133 (C.40:55D-23.3 et al.).
(cf: P.L.2019, c.225, s.2)
3. This act shall take effect immediately.
STATEMENT
This bill directs the State Planning Commission (commission) to adopt rules and regulations, or publish a regulatory guidance document to assist municipal planning boards and other agencies acting pursuant to the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.), in considering applications for the development of warehouses. The bill directs the commission to produce the guidance publication in a concise, plain-language format, incorporating examples of questions and reports that would customarily be asked of, or requested from, a warehouse development applicant prior to the issuance of development approvals. These model questions and report requests are to address potential community concerns, including but not limited to, traffic volumes, road safety, and environmental considerations. The bill directs the commission to make the guidance publication available to the public on its Internet website.
The bill also requires the Commissioner of Community Affairs (commissioner) to incorporate the guidance document into the course offered to officials with responsibilities to enforce the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.). The commission would be required to notify the commissioner upon completion of the guidance document, and upon any updates.
Due to the rise of e-commerce, warehouse development has increased significantly in recent years, leading to concerns over the impacts of these facilities on nearby neighborhoods. This bill intends to enhance the ability of local approving authorities to sufficiently scrutinize warehouse developers prior to authorizing further warehouse construction in New Jersey communities.
This bill would take effect immediately, and would require the commission to produce the guidance publication by the first day of the third month following enactment.
