A5337

(C. ) (pending before the Legislature as this bill), unless the master plan and development regulations were updated for this purpose within the prior 12 months. A planning board that completes a special reexamination pursuant to this subsection shall consider the number and nature of variances that were granted in the prior 12 months that are pertinent to the application for development. A planning board shall deliver a special reexamination report to the municipal governing body following adoption.

b. A planning board required to adopt a special reexamination report, pursuant to subsection a. of this section, shall deliver the special reexamination report to the municipal governing body within 90 days of the receipt of an application for development of a large warehouse. Upon receipt of a special reexamination report pursuant to this section, the municipal governing body may, within 90 days of the receipt of the special reexamination report, amend the municipality’s development regulations in accordance with the special reexamination report, and such amendments shall be applicable to the previously submitted application for development of a large warehouse.

c. For an application for development of a large warehouse subject to a special reexamination report, the 45-day period for determining whether an application for development is complete under section 5 of P.L.1984, c.20 (C.40:55D-10.3) shall not commence until the 91st day following the governing body’s receipt of the special reexamination report.

d. For the purposes of this section:

"Large warehouse" means a large facility or site designed predominantly for receiving and storing goods and materials before they are sold, used, or redistributed, as defined by the State Planning Commission pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).

2. The State Planning Commission shall, in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt guidelines for the development of large warehouses no later than the first day of the eighth month next following enactment of P.L. , c. (C. ) (pending before the Legislature as this bill). The guidelines shall establish a definition to classify facilities and sites that are to be considered as large warehouses in the State. The State Planning Commission may thereafter, amend, adopt, or readopt changes to the guidelines.

3. If a municipality that has approved a large warehouse development project pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) 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 shall perform a municipal-wide revaluation or municipal-wide reassessment of real property within the municipality not later the 24th month next following issuance of a certificate of occupancy for the large warehouse.

4. This act shall take effect immediately.

STATEMENT

This bill establishes new review processes related to applications for development of certain large warehouses, and requires certain real property revaluations and reassessments after completion of the large warehouse development.

The bill’s requirements would apply to development applications for a "large warehouse," which the bill defines as a large facility or site that: meets guidelines promulgated by the State Planning Commission (commission), and is designed predominantly for receiving and storing goods and materials before they are sold, used, or redistributed.

Under the bill, a municipality’s planning board upon receiving a development application for a large warehouse, and prior to considering the application, is to complete a special reexamination of the municipality’s master plan and development regulations, and prepare and adopt a special reexamination report (report) for the purpose of incorporating the commission’s guidelines, unless the master plan and development regulations were updated for that purpose within the prior 12 months. If a municipality’s master plan and development regulations were not updated within the prior 12 months, the planning board would consider the number and nature of variances that were granted in the prior 12 months, pertinent to the application for development.

A planning board is required to deliver the report to the municipal governing body within 90 days of the receipt of an application for development of a large warehouse, and upon receipt of a report, the municipal governing body may amend the municipality’s development regulations in accordance with the report, within 90 days of the receipt of the report. The bill further specifies that such amendments are to be applicable to the previously submitted application for development of a large warehouse.

Under the bill, the 45-day period for determining whether an application for development is complete, under section 5 of P.L.1984, c.20 (C.40:55D-10.3), is not to commence, for an application for development of a large warehouse that is subject to a report, until the 91st day following the governing body’s receipt of a report.

The bill further 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 a municipal-wide revaluation or municipal-wide reassessment of real property within the municipality not later the 24th month following issuance of a certificate of occupancy for the large warehouse.