New Jersey-2024-S2843-Introduced

An Act concerning the development of certain warehouses, amending P.L.1985, c.398 and P.L.1975, c.271, supplementing Title 52 of the Revised Statutes, and making an appropriation.

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

1. Section 4 of P.L.1985, c.398 (C.52:18A-199) is amended to read as follows:

4. The commission shall:

a. Prepare and adopt within 36 months after the enactment of P.L.1985, c.398 (C.52:18A-196 et al.), and revise and readopt at least every three years thereafter, the State Development and Redevelopment Plan, which shall provide a coordinated, integrated and comprehensive plan for the growth, development, renewal and conservation of the State and its regions and which shall identify areas for growth, agriculture, open space conservation and other appropriate designations;

b. Prepare and adopt as part of the plan a long-term Infrastructure Needs Assessment, which shall provide information on present and prospective conditions, needs and costs with regard to State, county and municipal capital facilities, including water, sewerage, transportation, solid waste, drainage, flood protection, shore protection and related capital facilities;

c. Develop and promote procedures to facilitate cooperation and coordination among federal agencies, State agencies, regional entities, and local governments with regard to the development of plans, programs and policies which affect land use, environmental, capital and economic development issues;

d. Provide technical assistance to local governments and regional entities in order to encourage the use of the most effective and efficient planning and development review data, tools and procedures, including the preparation, adoption, and readoption, as appropriate, model ordinances detailing different regulatory options for the siting of warehouses;

e. Periodically review federal, State, regional, and local government planning procedures and relationships and recommend to the Governor and the Legislature administrative or legislative action to promote a more efficient and effective planning process;

f. Review any bill introduced in either house of the Legislature which appropriates funds for a capital project and may study the necessity, desirability and relative priority of the appropriation by reference to the State Development and Redevelopment Plan, and may make recommendations to the Legislature and to the Governor concerning the bill;

g. Encourage military facility commanders and representatives of counties, municipalities, and of State and regional entities to maintain open lines of communication and to engage in long-term, strategic planning, including but not limited to Joint Land Use Studies, and to facilitate joint planning efforts; and

h. Take all actions necessary and proper to carry out the provisions of P.L.1985, c.398 (C.52:18A-196 et al.).

i. As used in this section:

"Warehouse" means a building that stores cargo, goods, or products of any type on a short-term or long-term basis for later distribution to wholesale or retail customers, and includes, but is not limited to, a distribution center, flex-warehouse, or any other type of warehouse.

(cf: P.L.2016, c.21, s.8)

2. Section 49 of P.L.1975, c.291 (C.40:55D-62) is amended to read as follows:

49. Power to zone. a. The governing body may adopt or amend a zoning ordinance relating to the nature and extent of the uses of land and of buildings and structures thereon. Such ordinance shall be adopted after the planning board has adopted the land use plan element and the housing plan element of a master plan, and all of the provisions of such zoning ordinance or any amendment or revision thereto shall either be substantially consistent with the land use plan element and the housing plan element of the master plan or designed to effectuate such plan elements; provided that the governing body may adopt a zoning ordinance or amendment or revision thereto which in whole or part is inconsistent with or not designed to effectuate the land use plan element and the housing plan element, but only by affirmative vote of a majority of the full authorized membership of the governing body, with the reasons of the governing body for so acting set forth in a resolution and recorded in its minutes when adopting such a zoning ordinance; and provided further that, notwithstanding anything aforesaid, the governing body may adopt an interim zoning ordinance pursuant to subsection b. of section 77 of P.L.1975, c.291 (C.40:55D-90).

The zoning ordinance shall be drawn with reasonable consideration to the character of each district and its peculiar suitability for particular uses and to encourage the most appropriate use of land. The regulations in the zoning ordinance shall be uniform throughout each district for each class or kind of buildings or other structure or uses of land, including planned unit development, planned unit residential development and cluster development, but the regulations in one district may differ from those in other districts.

b. No zoning ordinance and no amendment or revision to any zoning ordinance shall be submitted to or adopted by initiative or referendum.

c. The zoning ordinance shall provide for the regulation of any airport safety zones delineated under the "Air Safety and Zoning Act of 1983," P.L.1983, c.260 (C.6:1-80 et seq.), in conformity with standards promulgated by the Commissioner of Transportation.

d. The zoning ordinance shall provide for the regulation of land adjacent to State highways in conformity with the State highway access management code adopted by the Commissioner of Transportation under section 3 of the "State Highway Access Management Act," P.L.1989, c.32 (C.27:7-91), for the regulation of land with access to county roads and highways in conformity with any access management code adopted by the county under R.S.27:16-1 and for the regulation of land with access to municipal streets and highways in conformity with any municipal access management code adopted under R.S.40:67-1. This subsection shall not be construed as requiring a zoning ordinance to establish minimum lot sizes or minimum frontage requirements for lots adjacent to but restricted from access to a State highway.

e. The zoning ordinance may be consistent and compatible with one or more model ordinances for the siting of warehouses adopted by the State Planning Commission pursuant to subsection d. of section 4 of P.L.1985, c.398 (C.52:18A-199).

(cf: P.L.2013, c.106, s.13)

3. Section 76 of P.L.1975, c.291 (C.40:55D-89) is amended to read as follows:

76. Periodic examination. The governing body shall, at least every 10 years, provide for a general reexamination of its master plan and development regulations by the planning board, which shall prepare and adopt by resolution a report on the findings of such reexamination, a copy of which report and resolution shall be sent to the Office of Planning Advocacy and the county planning board. A notice that the report and resolution have been prepared shall be sent to any military facility commander who has registered with the municipality pursuant to section 1 of P.L.2005, c.41 (C.40:55D-12.4) and to the municipal clerk of each adjoining municipality, who may request a copy of the report and resolution on behalf of the military facility or municipality. A reexamination shall be completed at least once every 10 years from the previous reexamination.

The reexamination report shall state:

a. The major problems and objectives relating to land development in the municipality at the time of the adoption of the last reexamination report.

b. The extent to which such problems and objectives have been reduced or have increased subsequent to such date.

c. The extent to which there have been significant changes in the assumptions, policies, and objectives forming the basis for the master plan or development regulations as last revised, with particular regard to the density and distribution of population and land uses, housing conditions, circulation, conservation of natural resources, energy conservation, collection, disposition, and recycling of designated recyclable materials, and changes in State, county and municipal policies and objectives.

d. The specific changes recommended for the master plan or development regulations, if any, including underlying objectives, policies and standards, or whether a new plan or regulations should be prepared.

e. The recommendations of the planning board concerning the incorporation of redevelopment plans adopted pursuant to the "Local Redevelopment and Housing Law," P.L.1992, c.79 (C.40A:12A-1 et al.) into the land use plan element of the municipal master plan, and recommended changes, if any, in the local development regulations necessary to effectuate the redevelopment plans of the municipality.

f. The recommendations of the planning board concerning locations appropriate for the development of public electric vehicle infrastructure, including but not limited to, commercial districts, areas proximate to public transportation and transit facilities and transportation corridors, and public rest stops; and recommended changes, if any, in the local development regulations necessary or appropriate for the development of public electric vehicle infrastructure.

g. The recommendations of the planning board concerning locations appropriate for the development of warehouses may be consistent and compatible with one or more model ordinances for the siting of warehouses adopted by the State Planning Commission pursuant to subsection d. of section 4 of P.L.1985, c.398 (C.52:18A-199).

(cf: P.L.2019, c.267, s.2)

4. a. (New section) The Commissioner of Community Affairs shall establish within the Office of Local Planning Services a fund for the purpose of reimbursing a municipality for reasonable and necessary expenses incurred in updating the municipality's zoning ordinances to be consistent and compatible with one or more model ordinances for the siting of warehouses pursuant to the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).

b. A municipality may submit to the commissioner an application, in a form and manner to be determined by the commissioner, for a grant of up to $50,000 for reimbursement of expenses pursuant to subsection a. of this section.

5. (New section) There is appropriated from the General Fund to the Department of Community Affairs the sum of $5,000,000 for the purposes of administering the provisions of section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill).

6. This act shall take effect immediately, and the State Planning Commission shall, no later than the first day of the seventh month next following enactment, adopt at least one model ordinance for the siting of warehouses, as required pursuant to subsection d. of section 4 of P.L.1985, c.398 (C.52:18A-199).

STATEMENT

This bill requires the State Planning Commission to prepare and adopt model ordinances detailing different regulatory options for the siting of warehouses and permits municipal master plans and zoning ordinances to be consistent and compatible with one or more of those model ordinance's provisions.

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.

The State Planning Commission should be commended for preparing and circulating the warehouse guidance document. The guidance notes that municipalities in New Jersey are finding that their communities are particularly vulnerable to poorly sited and scaled warehousing projects after having previously zoned large areas of their communities for "light industrial" land uses, especially with respect to farmland in rural areas. The guidance also notes that public outcry over approved warehouse projects has occurred in instances where the projects largely conform to existing zoning standards.

The guidance proposes that in order to systematically address warehouse development, communities should proactively plan for warehouse projects to prevent land-use conflicts that harm residents, other communities, and the environment before they materialize. Proactive planning, as described in the guidance, could allow municipalities to locate large warehouses away from residential neighborhoods, downtown commercial areas and main streets, schools, daycare centers, places of worship, hospitals, overburdened communities, scenic corridors, historic districts, important public and civic outdoor spaces, and recreational facilities.

However, in order for a local government to benefit from the State Planning Commission warehouse guidance, the local government should reconsider and revise its master plan and zoning ordinances before it receives a complete application to develop a warehouse. Preparation, adoption, and dissemination of model ordinances will better enable a local government to select the model ordinance, or aspects of several ordinances, most appropriate for the individual community, and enable a local government to quickly update its land use documents to be prepared for receipt of an application to develop a warehouse.

This bill requires the Commissioner of Community Affairs (commissioner) to establish within the Office of Local Planning Services a fund for the purpose of reimbursing a municipality for reasonable and necessary expenses incurred in updating the municipality's zoning ordinances pursuant to the bill. A municipality may submit to the commissioner an application, in a form and manner to be determined by the commissioner, for a grant of up to $50,000 for reimbursement. This bill appropriates from the General Fund to the Department of Community Affairs the sum of $5 million for the purposes of administering this fund.