Exempts certain local utilities from certain land use approval requirements.

A1190

ASSEMBLY, No. 1190

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman JOHN DIMAIO

District 23 (Hunterdon, Somerset and Warren)

SYNOPSIS

���� Exempts certain local utilities from certain land use
approval requirements.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act

concerning local utility immunity from certain
land use approval requirements, amending and supplementing P.L.1968, c.285, and
amending P.L.1975, c.291.

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

���� 1.��� Section 1 of P.L.1968,
c.285 (C.40:27-6.1) is amended to read as follows:

���� As used in this act and in
chapter 27 of Title 40 of the Revised Statutes, unless the context otherwise
requires:

���� "County master plan"
and "master plan" means a composite of the master plan for the
physical development of the county, with the accompanying maps, plats, charts
and descriptive and explanatory matter adopted by the county planning board
pursuant to Revised Statutes 40:27-2;

���� "County planning
board" means a county planning board established by a county pursuant to
R.S. 40:27-1 to exercise the duties set forth in such chapter, and means, in
any county having adopted the provisions of the "Optional County Charter
Law" (P.L.1972, c. 154; C.40:41A-1 et seq.), any department, division,
board or agency established pursuant to the administrative code of such county
to exercise such duties, but only to the degree and extent that the
requirements specified in such chapter for county planning boards do not
conflict with the organization and structure of such department, division,
agency or board as set forth in the administrative code of such county;

����
"Local utility"
means any sewerage authority created pursuant to the "sewerage authorities
law," P.L.1946, c.138 (C.40:14A-1 et seq.); any utilities authority
created pursuant to the "municipal and county utilities authorities law,"
P.L.1957, c.183 (C.40:14B-1 et seq.); or any utility, authority, commission,
special district or other corporate entity not regulated by the Board of
Regulatory Commissioners under Title 48 of the Revised Statutes that provides
gas, electricity, heat, power, water or sewer service to a municipality or the
residents thereof;

���� "Official county
map" means the map, with changes and additions thereto, adopted and
established, from time to time, by resolution of the board of chosen
freeholders of the county pursuant to R.S. 40:27-5;

���� "Site plan" means a
plan of an existing lot or plot or a subdivided lot on which is shown
topography, location of all existing and proposed buildings, structures,
drainage facilities, roads, rights-of-way, easements, parking areas, together
with any other information required by and at a scale specified by a site plan
review and approval resolution adopted by the board of chosen freeholders
pursuant to this act;

���� "Subdivision"� means
the division of a lot, tract, or parcel of land into two or more lots, tracts,
parcels or other divisions of land for sale or development.� The following
shall not be considered subdivisions within the meaning of this act, if no new
streets are created:� (1) divisions of land found by the planning board or
subdivision committee thereof appointed by the chairman to be for agricultural
purposes where all resulting parcels are
[
5
]

five

acres or larger in size, (2) divisions of property by testamentary or intestate
provisions, (3) divisions of property upon court order, including but not�
limited to judgments of foreclosure, (4) consolidation of existing lots by deed
or other recorded instrument and (5) the conveyance of one or more adjoining
lots, tracts or parcels of land, owned by the same person or persons and all of
which are found and certified by the administrative officer to conform to the
requirements of the municipal development regulations and are shown and
designated as separate lots, tracts or parcels on the tax map or atlas of the
municipality.� The term "subdivision" shall also include the term
"resubdivision."

���� "Subdivision
applications" means the application for approval of a subdivision pursuant
to the "Municipal Land Use Law" (P.L.1975, c.291; C.40:55D-1 et seq.)
or an application for approval of a planned unit development pursuant to the
"Municipal Land Use Law" (P.L.1975, c.291; C.40:55D-1 et seq.).

(cf: P.L.1979, c.216, s.27)

���� 2.��� (New section)� Before
the expenditure of any public funds incidental to the location, character, or
extent of a development proposal submitted by a local utility, the local
utility shall refer the action involving the development proposal to the county
planning board for review and recommendation in conjunction with the county
master plan.� The local utility may take action on the development proposal
upon receipt of the county planning board�s recommendations or 45 days
following the referral of the action without receiving any recommendation from
the county planning board.

���� 3.��� Section 22 of P.L.1975,
c.291 (C.40:55D-31) is amended to read as follows:

���� 22.� a.� Whenever the planning
board shall have adopted any portion of the master plan, the governing body or
other public agency having jurisdiction over the subject matter, before taking
action necessitating the expenditure of any public funds, incidental to the
location, character
,
or extent of such project, shall refer the action
involving such specific project to the planning board for review and
recommendation in conjunction with such master plan and shall not act thereon,
without such recommendation or until 45 days have elapsed after such reference
without receiving such recommendation.� This requirement shall apply to action
by a housing, parking, highway, special district, or other authority,
redevelopment agency, school board or other similar public agency, State,
county or municipal
, or to action by a local utility
.� In addition, this
requirement shall apply to any public entity taking any action to permit the
location, erection, use or maintenance of an outdoor advertising sign required
to be permitted pursuant to P.L.1991, c.413 (C.27:5-5 et seq.).

���� b.��� The planning board shall
review and issue findings concerning any long-range facilities plan submitted
to the board pursuant to the "Educational Facilities Construction and
Financing Act," P.L.2000, c.72 (C.18A:7G-1 et al.), for the purpose of review
of the extent to which the long-range facilities plan is informed by, and
consistent with, at least the land use plan element and the housing element
contained within the municipal master plan adopted pursuant to section 19 of
P.L.1975, c.291 (C.40:55D-28) and such other elements of the municipal master
plan as the planning board deems necessary to determine whether the prospective
sites for school facilities contained in the long-range facilities plan promote
more effective and efficient coordination of school construction with the
development efforts of the municipality.� The planning board shall devote at
least one full meeting of the board to presentation and review of the
long-range facilities plan prior to adoption of a resolution setting forth the
board's findings.

(cf: P.L.2004, c.42, s.7)

���� 4.��� This act shall take
effect immediately.

STATEMENT

���� This bill provides that,
before the expenditure of any public funds incidental to the location,
character, or extent of a development proposal submitted by a local utility, as
defined in the bill, the local utility is to refer the action involving the development
proposal to the county planning board for review and recommendation in
conjunction with the county master plan.� The local utility may take action on
the development proposal upon receipt of the county planning board�s
recommendations or 45 days following the referral of the action without
receiving any recommendation from the county planning board.

���� This bill also amends the
"Municipal Land Use Law" (MLUL) to exempt a "local utility,"
as defined in the MLUL, from having to secure local land use approval for
certain proposals under that statute.� The bill provides local utilities with
status comparable to other public entities, which are required to submit a
development proposal for a local planning board�s review and recommendation,
but which are not subject to local planning board approval.