Search Site
Menu

Warehouse Construction in NJ May Be Curtailed in Proposed Legislation

New Jersey State Senate subcommittees are currently considering a bill (S-3688) that aims to dramatically slow shipping and distribution warehouse construction across the State. Recently it seems that is the only thing that anyone has wanted to build in this state but some lawmakers believe that there may be such a thing as too many warehouses.

In the first three months of 2021, New Jersey, and particularly South Jersey, saw a substantial increase in the creation of warehouses. [1]. As the law in NJ stands today, the decision to approve or deny an application to build one of these massive warehouse spaces typically lies in the hands of the municipality in which the tract of land is located. As currently drafted, the new bill pro would extend the ability to participate in this decision-making process to neighboring or “adjoining” municipalities and, in some cases, the county. [2]. The idea being that these large buildings have a pretty wide impact.

If the plans for a new project, including shipping and distribution warehouses, require any “variance” from local zoning ordinances, the developer must make an application to the local zoning or planning board for approval of said variance(s). During the hearings at which these local boards consider variance applications, there is almost always a public comment period reserved for residents and other entities to voice their support or opposition for an application. While residents and other objectors from neighboring municipalities have always had the ability to testify during this time, the new Senate Bill seeks to amplify and codify their participation in the decision-making process for certain large warehouses. [2]. We would note by the way that we have seen some boards try to reduce participation from persons not residing in a host municipality.

One way S-3688 aims to accomplish this is by requiring any applicant for the new development of a “large warehouse” within 200 feet of an adjoining municipality to provide notice to that adjoining municipality. That adjoining municipality, within a certain time frame, may adopt a resolution of regional concern to be submitted to the host municipality. In certain instances, similar requirements would apply to the county planning board. Some critics of the bill say that it will curb job creation as collateral damage at a time when many places need job creation now more than ever. [2] Other critics raise concerns about the dilution of the local interests by taking so many others into account. [2]

But while many love these Amazon-era large structures, some believe they cause serious issues such as pollution, stormwater, and traffic problems. It will be interesting to see if this Legislation gains traction.

You can read the most recent version of this bill (as of the date of this article) here: https://www.njleg.state.nj.us/2020/Bills/S4000/3688_U1.PDF and you can track the progress of this bill as it makes its way through the NJ State Senate review process here: https://www.njleg.state.nj.us/bills/BillView.asp?BillNumber=S3688

Other Sources: [1] https://www.njspotlight.com/2021/05/warehouses-sprawl-northern-nj-central-nj-newmark-reports-greenfields/

[2] https://www.njspotlight.com/2021/05/warehouse-sprawl-senate-panel-advances-bill-adjacent-towns/

Our Attorneys

Recent Twitter Posts

  • New Jersey sets emergency water standards for new chemicals. https://t.co/trgaaLL1mD
    5 months ago
  • How will New Jersey manage stormwater as the climate changes and flooding increases? https://t.co/dhVLALyzZ2
    5 months ago
  • Unprecedented storms are slamming NJ – learn how to be the best advocate for your clients when the next flood hits.… https://t.co/TicH6iAjP0
    5 months ago
  • Trenton Water Works has removed 25 percent of lead pipes throughout its service area. https://t.co/KUvhMsJlvU
    5 months ago

Recent Blog Posts

Supreme Court concludes that attorney review period is not a requirement of absolute auction contracts

On June 9, 2022, the New Jersey Supreme Court unanimously decided that attorney review period is not a required contractual provision for a residential real estate sale by absolute auction.
Read More
Supreme Court concludes that attorney review period is not a requirement of absolute auction contracts

It Depends on the Language – The Non-Disparagement Clause

How enforceable is a non-disparagement clause in an agreement? As is always the case with any contract or agreement, it depends on the language. On May 31, 2022, the Appellate Division
Read More
It Depends on the Language – The Non-Disparagement Clause

DCA Tries Again to Use RSIS to Limit Municipal Stormwater Controls

By Michele Donato, Esq. and Stuart Lieberman, Esq. In the 1990’s, developers claimed that municipal residential development ordinances lacked uniformity, increased development costs, and caused uncertainty in the development process. In
Read More
DCA Tries Again to Use RSIS to Limit Municipal Stormwater Controls

Previous Property Manager Charged with Embezzling and Laundering Stolen Funds from Hamilton Park CO-OP.

Nicolas DePaola of Ewing New Jersey was indicted on twelve charges for embezzling and laundering stolen money from his prior client, Hamilton Park CO-OP. On April 1, 2022, a Mercer
Read More
Previous Property Manager Charged with Embezzling and Laundering Stolen Funds from Hamilton Park CO-OP.

In The Media

  • Gulf Coast Town Center facing foreclosure

    Naples Daily News, September 16, 2015

    Wells Fargo filed a lawsuit Sept. 8 against an affiliate of CBL & Associates, the owners of the decadeold, 1.2 million-square-foot mall in south Fort Myers for a $190.9 million unpaid loan. The center has 94 stores on 204 acres, with such anchors as Super Target, Belk, Best Buy, Dick’s Sporting Goods, Marshalls and Costco...

    Read More
  • Town liable for private company's leaking underground tanks, court rules

    NJ.com Jul 26, 2017

    CRANFORD -- A couple that owned a businesses in town and became sick from leaking underground tanks owned by an adjacent business can sue the township for damages because the tanks were partially ...

    Read More
  • Dark Waters: How a Class Action Catapulted NJ to Forefront of 'Forever Chemicals' Battle

    NJ Law Journal Jan 09, 2020

    As property owners become increasingly aware of PFAS contamination, and as individuals exposed to PFAS learn of the health risks associated with exposure, liability will likely affect entire supply chains.

    Read More
  1. 1
  2. 2
  3. 3
  4. 4
  5. 5
Contact Our Firm

Quick Contact Form