Concerns regulatory guidance for local approving authorities on approval of warehouse development.

A4387

ASSEMBLY, No. 4387

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 19, 2026

Sponsored by:

Assemblyman� ALEX SAUICKIE

District 12 (Burlington, Middlesex, Monmouth and Ocean)

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.

���� 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).

���� d.��� 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.

���� 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.).

����
e.���� 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.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, as defined in the bill.� 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.