Assembly Commerce, Economic Development and Agriculture Committee Statement to Assembly, No. 5241 (2025)

Summary

An Assembly Commerce, Economic Development and Agriculture Committee statement to Assembly, No. 5241, State of New Jersey, dated May 15, 2025, reporting the bill favorably with committee amendments. The bill bars approving authorities under the "Municipal Land Use Law" from approving a site plan, submitted after enactment, for a large warehouse on a lot within 1,000 feet of a historic district, and bars other State and local permits for such projects. A planning board with jurisdiction over the historic district may grant a waiver on a developer's petition. As amended, a "historic district" must be located along a roadway in the New Jersey Scenic and Historic Highways Program and have at least 100 contributing or not-assessed resources.

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ASSEMBLY COMMERCE, ECONOMIC DEVELOPMENT AND AGRICULTURE
COMMITTEE

STATEMENT TO

ASSEMBLY,
No. 5241

with
committee amendments

STATE
OF NEW JERSEY

DATED: MAY 15,
2025

The Assembly Commerce, Economic Development and
Agriculture Committee reports favorably and with committee amendments, Assembly
Bill No. 5241.

As amended, this bill prohibits an approving authority
under the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et
seq.), from approving a site plan submitted after the date of enactment of the
bill for the construction of a large warehouse on a lot of land within 1,000
feet of a historic district. The bill defines the terms "large warehouse"
and "historic district." Additionally, the bill prohibits State and local
entities responsible for the approval of any other permit from approving a
project-related permit for the construction of a large warehouse development on
a lot of land within 1,000 feet of a historic district after the date of the
bill’s enactment. These prohibitions do not apply to an application for
development or redevelopment submitted pursuant to section 13 of P.L.1992, c.79
(C.40A:12A-13), a provision of the "Local Redevelopment and Housing Law,"
P.L.1992, c.79 (C.40A:12A-1 et seq.).

The bill authorizes a planning board with jurisdiction
over a historic district to waive certain prohibitions if a developer petitions
the planning board for a waiver in a form and manner acceptable to the planning
board, and the planning board grants the waiver request.

The bill is to take effect immediately and is to be
applicable to proposals to develop a large warehouse for which a construction
permit has not been declared complete by the enforcing agency as of the date of
enactment.

COMMITTEE AMENDMENTS:

The committee amended the bill to:

· specify that the bill’s definition of the term "Historic
district" means an area listed as a historic district under New Jersey and
federal law, which historic district: consists of at least 100 contributing or
not-assessed resources, according to the State Historic Preservation Office;
and is located along a roadway designated for inclusion in the New Jersey
Scenic and Historic Highways Program, established by section 3 of P.L.2009,
c.245 (C.27:5K-3);

· prohibit State and local entities responsible for the approval of
any other permit from approving a project-related permit for the construction
of a large warehouse development on a lot of land within 1,000 feet of a
historic district after the date of the bill’s enactment unless the planning
board with jurisdiction over the historic district has waived the prohibition;

· specify that the bill’s prohibitions do not apply to an
application for development or redevelopment submitted pursuant to section 13
of P.L.1992, c.79 (C.40A:12A-13); and

· provide that a planning board with jurisdiction over a historic district
may waive certain provisions that prohibit a State or local entity from
approving a project-related permit if a developer petitions the planning board
for a waiver in a form and manner acceptable to the planning board, and the
planning board grants the waiver request.

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