N.J. Admin. Code § 14:8-12.6
Current through Register Vol. 56, No. 21, November 4, 2024
Section 14:8-12.6 - Waiver provisions for siting on prohibited land uses(a) Any entity seeking to locate a CSI-eligible facility on non-agricultural prohibited land uses or seeking a waiver of N.J.A.C. 14:8-12.4(a) may file a petition with the Board seeking to waive the prohibition for good cause shown. The Board, or its designee, shall make a positive finding with regard to any such petition only upon: 1. Consulting with other State agencies, as appropriate;2. Determining that the petitioner has documented sufficient facts and circumstances establishing the public's specific interest in siting the CSI-eligible facility on or within a specific prohibited land use; and3. Finding that the waiver is in the public interest.(b) Notwithstanding the requirements at (a) above, CSI-eligible facilities proposed to be located on prohibited land uses are presumptively deemed to be in the public interest if the CSI-eligible facility will be located exclusively on the built environment, provided that the structure or surface has existed for at least three years prior to the date the waiver application is filed. 1. The Board designates approval of such waiver applications to Board staff or a program administrator duly retained by the Board.2. Any CSI-eligible facility that is denied a waiver pursuant to (b)1 above may, instead, file a petition with the Board pursuant to (a) above explaining the specific facts and circumstances of its waiver request.(c) The Board, or its designee, may request additional evidence prior to approving or denying a request for any waiver requested, pursuant to this section.(d) Projects proposed to be located on preserved farmland, or that would exceed the county concentration limit within a given county, are not eligible for a waiver and the Board authorizes Board staff, or its designee, to administratively deny such requests.N.J. Admin. Code § 14:8-12.6
Adopted by 55 N.J.R. 2015(a), effective 9/18/2023