Bill Text: NJ A5027 | 2022-2023 | Regular Session | Introduced
Bill Title: Requires basic course in land use law and planning offered to certain officials to include module on warehouse development and high-density development.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2023-01-10 - Introduced, Referred to Assembly Community Development and Affairs Committee [A5027 Detail]
Download: New_Jersey-2022-A5027-Introduced.html
Sponsored by:
Assemblyman ALEX SAUICKIE
District 12 (Burlington, Middlesex, Monmouth and Ocean)
Assemblyman JOE DANIELSEN
District 17 (Middlesex and Somerset)
SYNOPSIS
Requires basic course in land use law and planning offered to certain officials to include module on warehouse development and high-density development.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the basic course in land use law and planning offered for certain officials and amending P.L.2005, c.133.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. 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 and high-density development.
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)
2. (New section) The Commissioner of Community Affairs shall develop the content and materials for the basic course's module on warehouse development and high-density development, required pursuant to paragraph (4) of subsection a. of section 2 of P.L.2005, c.133 (C.40:55D-23.3), within 120 days of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill).
3. This act shall take effect immediately.
STATEMENT
This bill requires the Commissioner of Community Affairs to prepare and offer a module on warehouse development and high-density development as a part of the commissioner's basic course in land use law and planning. The basic course is offered to current and prospective members, and alternate members, of: local planning boards; zoning boards of adjustment; supplemental zoning boards of adjustment; and combined boards.
Innovation within the warehousing sector of the economy has led to the development of very large warehousing facilities on sites that were zoned for smaller, traditional types of warehouses. While these types of developments are of Statewide economic importance, the unanticipated development of large-scale regional warehousing facilities has, at times, resulted in significant negative regional impacts. In order to better inform municipal governments and local planning officials of this problem and possible solutions, the State Planning Commission prepared a warehouse guidance document in September 2022. By including a module on warehouse development and high-density development as a part of the basic course in land use law and planning, local officials will be better prepared to consider and address these important issues.
