N.J. Admin. Code § 16:47-4.35

Current through Register Vol. 56, No. 11, June 3, 2024

Section 16:47-4.35 - Waivers

(a) No waivers or other relief from design standards or other provisions of N.J.A.C. 16:47-3 and 4 may be granted unless the waiver can be granted without substantial detriment to the safety and operation of the highway and without substantially impairing the intent and purpose of the Act and this Access Code. The Department will not grant waivers from fees, but may waive application requirements or the requirements for applicants.

(b) If an applicant wishes to seek a waiver, a request must be submitted as an attachment to the permit application. A request for waiver form (MT-159) shall be prepared by the applicant. The request for waiver shall state reasons why a waiver is appropriate and include documentation to support the waiver.

(c) If a waiver is granted, the approval of the waiver will be incorporated in the conditions of the permit.

(d) Possible bases for waiver requests include, but are not limited to:

1. Existing substandard conditions;

2. Existing social, economic or environmental constraints;

3. Unique character of a lot;

4. Unreasonableness of strict application of the Access Code under particular circumstances;

5. A boundary such as urban/rural, speed limit, or access classification falling within the frontage of the lot;

6. A lot within an urban enterprise zone;

7. Conflict between the requirements of the Access Code and the requirements of:

i. The Pinelands Commission or the Pinelands Protection Act, 13:18A-1 et seq.;

ii. CAFRA:

iii. The Freshwater Wetlands Act, 13:9B-1 et seq.;

iv. The Stream Encroachment Act, 58:16A-50 et seq.;

v. Federal Flood Hazard Zone Regulations;

vi. Delaware River Basin Commission;

vii. Delaware and Raritan Canal Commission; and

viii. Meadowlands Commission.

8. Lower access classification or capacity of the State highway than that applicable to an intersecting county or municipal street;

9. Municipal, county or other approving agency imposition of conditions beyond the control of the applicant. If this occurs during the Department application process and the applicant provides documentation of these conditions, the Department will not require a new application and fees as specified in 16:47-4.8(h), 4.11(h) and 4.13(i);

10. Low or moderate income housing, proposed pursuant to the Fair Housing Act, 52:27D-301 et seq., or under court settlement; and

11. The applicant can provide evidence that the major or minor type of permit which the Department would determine pursuant to 16:47-4.4 is inappropriate. This may include alternative evidence for traffic generation, pursuant to 16:47-4.4(f), which differs from the information in Appendix E.

(e) Any waiver granted shall only be considered a waiver of a particular standard or provision. It shall not constitute an approval of an application.

(f) The Department shall not grant a waiver associated with 16:47-3.5(a)4 which would reduce the spacing distance to less than the distance required at five miles per hour (approximately 8 kph) less than the posted speed limit.

(g) The Department shall not grant a waiver associated with 16:47-3.8(d)2 for a curbline opening exceeding 80 feet (24 meters). The Department may approve curbline openings and driveway widths for non-residential driveways which exceed, but are as close as possible to, the maximum desirable width when:

1. There is no highway shoulder or auxiliary lane and at least two large trucks per peak hour or 10 large trucks per day will use the driveway; and

2. The geometry precludes safe turns as a result of the shape of the lot or its location on the highway.

(h) The Department shall not grant a waiver associated with 16:47-3.3(d) which would reduce the interchange spacing distance to less than one-half mile (805 meters) on a State segment classified as urban or to less than one mile (1,600 meters) on a State highway segment classified as rural.

N.J. Admin. Code § 16:47-4.35