Bill > S3025

Introduced Session

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.

AI Summary

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John Burzichelli (D)*, 

Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee (on 04/08/2024)

Official Document