Articles 7.14.26.pdf

95 days of the date of [such] the submission or within [such] a further time as may be consented to by the developer. Otherwise, the planning board shall be deemed to have granted preliminary approval to the subdivision. d__A planning board that receives a complete application fora major subdivision that includes ‘evelomment ofa data center shal submit. the pia anda olher in/ouhation-sesehssi ou the developer to the State Planning Commission ar ilities, for review pursuant te cubes af ton. th af P1915 0391 (e-tbesSD-S0h £ which shal determined by municipality and charged to the developer. (cf: P.L.1984, ¢.20, s.9) Ittps://oub.njleg, state. nj,us/Bills/2026/S4000/3611_11.HTM2utm_sourceschatapt.com 6/28/26, 11:40 PM Page 5 of 8

4, Section 38 of P.L.1975, ¢.291 (C.40:55D-50) is amended to read as follows: 38. Final approval of site plans and major subdivisions. a. The planning board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by ordinance for final approval, the conditions of preliminary approval and, in the case of a major subdivision, the standards prescribed by N.J.S.46:26B-1 et seq.; provided that in the case of a planned development, the planning board may permit minimal deviations from the conditions of preliminary approval necessitated by change of conditions beyond the control of the developer since the date of preliminary approval without the developer being required to submit another application for development for preliminary approval. b. Final approval shall be granted or denied within 45 days after submission of a complete application to the administrative officer, or within [such] a further time as may be consented to by the applicant. Failure of the planning board to act within the period prescribed shal! constitute final approval and a certificate of the administrative officer as to the failure of the planning board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats. Whenever review or approval of the application by the county planning board is required by section 5 of P.L.1968, c. 285 (C. 40:27-6.3), in the case of a subdivision, or section 8 of P.L.1968, c. 285 (C. 40:27-6.6), in the case of a site plan, the municipal planning board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the county planning board or approval by the county planning board by its failure to report thereon within the required time period. ¢ The planning board shall not grant final approval of a site plan or major subdivision for development of a data center unless the planning board has submitted the plan to the State Planning Commission and the State Planning Commission has granted final approval, The State Planning Commission, in consultation with the Board of Public Utilities, shall have 45 days from the date

te Planning Commission and the State Planning Commission has granted final approval, The State Planning Commission, in consultation with the Board of Public Utilities, shall have 45 days from the date of submission by the planning board to review and approve or deny the site jor subdivision for the development of a data center. The State Planning Commission and Board of Public Utilities may consider the impacts and appropriateness of a proposed site plan or major “ sion with respect to the most recently_adopted State Development and Redevelopment Plan, local tand use and development resulations. and any laws. rules, regulations, or programs ve or administered by the State Planning. mission or Board of Publi iliti respectively, If the State Planning Commission does not issue an approval or denial within 45 days, the State Planning Commission shall be deemed to have granted final approval of the site Ntips:j/oub njleg. state nj usfBitts/2026/S4000/3641_ 1. HTM 2utm_sourceschatept.com 6/28/26, TAO PM Page 6 al &

plan or major subdivision (cf: P.L.2013, c,106, s.12) 5. (New section) The development of a data center, as defined in section 3.1 of P.L.1975, ¢.291 (C.40:55D-4), shall not be eligible for any economic development subsidy. As used in this section: "Economic development subsidy" means the provision of an amount of funds to a recipient business by or from a State public body with a value of greater than $25,000, including, but not limited to, any bond, grant, loan, loan guarantee, matching fund, tax credit, or other tax expenditure. "Economic development subsidy" shall not mean any contract under which a State public body purchases or otherwise procures goods, services, or construction on an unsubsidized basis, including any contract solely for the construction or renovation of a facility owned by a State public body. 6. (New section) The State Planning Commission, in consultation with the Board of Public Utilities, shall, pursuant to the "Administrative Procedure Act," P.L.1968, ¢.410 (C.52:14B-1 et seq.), adopt rules and regulations, to effectuate the purposes of subsection c. of section 38 of P.L.1975, ¢.291 (C.40:55D-50). 7. This‘act shall take effect immediately and shall apply to applications for development of data centers submitted on or after the effective date of this act. STATEMENT This bill amends the "Municipal Land Use Law" to direct a planning board to submit completed preliminary site plan or major subdivision applications for the development of a data center, as defined in the bill, to the State Planning Commission (SPC) and the Board of Public Utilities (BPU). The bill also prohibits final approval of a site plan or major subdivision for development of a data center from being granted by the planning board unless the planning board has submitted the plan to the SPC and the SPC gives final approval. The SPC, in consultation with the BPU, is to have 45 days from the date of submission by the planning board to review and approve or deny the site plan or major subdivision for the development of a data center, based on the impacts and appropriateness of the proposed site plan or major subdivision. If the SPC does not issue an approval or denial within 45 days, the SPC shall be deemed to have granted final approval of the site plan or major subdivision. The bill also provides that data centers are ineligible for any economic development

nial within 45 days, the SPC shall be deemed to have granted final approval of the site plan or major subdivision. The bill also provides that data centers are ineligible for any economic development subsidies, biips:fiaub.njleg.state.nj.us/Bills/2026/S4000/2611_I1-HTM?utm_source=chatgpt.com 6/28/26, 1:40PM Page 7 of 8

as defined in the bill. The provisions of the bill are to apply to applications for development of data centers submitted on or after the date of enactment. httos:/pub.njleg.state.nj us/Bills/2026/5 4000/3611_1.2TM2etm_sourceschatgpl.cam 6/28/76, 11:40 PIS Page Bof 8