N.J. Admin. Code § 16:47-9.9

Current through Register Vol. 56, No. 23, December 2, 2024

Section 16:47-9.9 - Waivers

(a) The Department may, in its discretion, based on the facts of a particular application, issue an access permit that does not meet one or more of the requirements of this chapter where it finds that compliance with those requirements is not reasonably attainable at the time that an application is submitted or that denial of the application would leave the lot or site without reasonable access to the general system of streets and State highways. No waivers or other relief from design standards or other provisions of this chapter may be granted unless the waiver can be granted without substantial detriment to the safety and operation of the State highway system and without substantially impairing the intent and purpose of the State Highway Access Management Act and this chapter.

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

1. Existing substandard conditions;

2. Existing social, economic, or environmental constraints;

3. Unreasonableness of strict application of this chapter under particular circumstances;

4. Location within an urban enterprise zone;

5. Conflict between the requirements of this chapter and the requirements of:

i. The New Jersey Pinelands Commission or the Pinelands Protection Act, N.J.S.A. 13:18A-1et seq.;

ii. The Coastal Area Facility Review Act, N.J.S.A. 13:19-1et seq.;

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

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

v. The Federal Flood Hazard Zone regulations;

vi. The Delaware River Basin Commission;

vii. The Delaware and Raritan Canal Commission;

viii. The New Jersey Meadowlands Commission; or

ix. The New Jersey Highlands Council.

6. Imposition of conditions by a municipal, county, or other approving agency beyond the control of the lot or site owner, and acceptable to the Department; and

7. Low- or moderate-income housing, proposed pursuant to the Fair Housing Act, N.J.S.A. 52:27D-301et seq., or under court settlement.

(c) The Department will not grant waivers for fees.

(d) The Department will not grant a waiver for the spacing distance requirement, found at N.J.A.C. 16:47-5.1(f), that would reduce the spacing distance to less than the distance required at five miles per hour less than the posted speed limit. If the Department issues a permit for a nonconforming lot with a waiver for a lesser spacing distance requirement, no further expansion or change in use shall be allowed that would generate additional trips using the State highway access.

(e) If a lot or site owner seeks a waiver, a request must be submitted on Waiver Form MT- 159. The request for waiver shall state reasons why a waiver is appropriate and include documentation to support the waiver. This form can be found at: http://www.state.nj.us/transportation/eng/forms/.

(f) The granting of a waiver shall not constitute an approval of an application; it shall only be considered a waiver of a particular standard or provision.

(g) If a waiver is granted, the terms of the waiver will be incorporated into the conditions of the permit.

N.J. Admin. Code § 16:47-9.9

Adopted by 50 N.J.R. 1534(b), effective 7/16/2018