N.J. Admin. Code § 19:4-4.13

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

Section 19:4-4.13 - Special exception uses

(a) A special exception use may be permitted in a particular zone in accordance with these regulations.

(b) An application for a special exception use made to the NJMC shall be filed with the NJMC staff, and shall accompany a zoning certificate application prepared in accordance with 19:4-4.3.

(c) An application for a special exception use shall contain the following:

1. A complete application form, signed by the property owner;

2. The required fee, in accordance with N.J.A.C. 19:4-11;

3. A statement detailing why the proposed special exception use will not cause substantial injury to the value of other property in the neighborhood;

4. A statement as to how the proposed special exception is to be designed, arranged and operated in order to permit the development and use of neighboring property in accordance with the applicable regulations; and

5. Other such information as may be deemed necessary from a specific applicant by the NJMC.

(d) A public hearing on the application shall be held in accordance with 19:4-4.1 7.

(e) Approval of a special exception use shall not be granted unless specific written findings are made based upon the evidence presented that supports the following conclusions:

1. The proposed special exception use at the specified location will contribute to and promote the welfare or convenience of the public;

2. The proposed special exception use will not cause substantial injury to the value of other property in the neighborhood;

3. The special exception use will not dominate the immediate neighborhood in a manner that could prevent development and use of neighboring properties in accordance with the applicable regulations, in consideration of the following:

i. The location and size of the special exception use;

ii. The nature and intensity of the operation of the special exception use;

iii. The location of the site with respect to access and circulation;

iv. The location, nature, and height of structures, walls and fences on the site; and

v. The nature and extent of landscaping and screening on the site;

4. Adequate utilities, drainage and other necessary facilities have been or will be provided;

5. Adequate access roads and drive aisles have been or will be provided and shall be designed to prevent traffic hazards and minimize traffic congestion; and

6. The special exception use will not have a substantial adverse environmental impact.

(f) Upon the close of the public record and within one week after the receipt of transcripts, the NJMC staff shall transmit a copy of the record of the matter, consisting of the application, transcripts, and exhibits, to the Board of Commissioners for review.

(g) Within eight weeks of the close of the public record, a comprehensive report containing findings, conclusions, and/or recommendations regarding the special exception use application shall be prepared by the NJMC staff and signed by the Executive Director and the Director of Land Use Management.

(h) The NJMC staff shall transmit a copy of the report to the applicant via certified mail and post a copy on the NJMC website. Any appeal of the recommendation shall be made in accordance with 19:4-4.1 9.

(i) After the appeal period, the NJMC staff shall transmit a copy of the report to the Board of Commissioners for review. The matter shall be placed on the agenda of the next available scheduled meeting of the Board of Commissioners in accordance with statutory notice requirements.

(j) The NJMC staff shall notify the applicant, via certified mail, of the date of the meeting of the Board of Commissioners at which the special exception use request will be decided.

(k) The Board of Commissioners shall decide, by a concurring vote of a majority of its members, to grant or deny the special exception use requested, based upon the record of the matter.

1. In the granting of any special exception use, the decision may impose such conditions, safeguards, limitations and restrictions upon the premises benefited by the special exception use as may be necessary to:

i. Comply with other standards set forth in these regulations;

ii. Reduce or minimize any potentially injurious effect of such special exception use upon other property in the neighborhood;

iii. Carry out the general purpose and intent of these regulations; and

iv. Promote the intent and purpose of the NJMC Master Plan.

2. Failure to comply with any of the conditions or restrictions placed on a special exception use shall constitute a violation of these regulations.

(l) The decision of the Board of Commissioners shall be memorialized by a formal written resolution adopted at the meeting at which the special exception use is decided.

(m) A copy of the decision of the Board of Commissioners shall be transmitted to the applicant by the NJMC via certified mail, and the NJMC shall advise the applicant of its right to appeal said decision as a final action of the Board of Commissioners in accordance with 19:4-4.1 9(e).

(n) No person shall contact or attempt to contact any member of the Board of Commissioners or the NJMC staff regarding a special exception use application to discuss an impending decision on the subject application after the close of the public record.

(o) The approval of a special exception use shall become null and void five years after the date on which the approval is issued, unless within such period:

1. A zoning certificate is obtained; or

2. Occupancy certification is obtained and the use commenced.

(p) No extensions of approval shall be granted.

N.J. Admin. Code § 19:4-4.13

Amended by R.2005 d.210, effective 7/5/2005.
See: 36 N.J.R. 5659(a), 37 N.J.R. 427(a), 37 N.J.R. 2555(a).
Rewrote the section.
Amended by R.2009 d.40, effective 1/20/2009.
See: 40 N.J.R. 4696(a), 41 N.J.R. 624(b).
Rewrote (f) through (n); and added ( o) and (p).
Amended by R.2011 d.118, effective 4/18/2011.
See: 42 N.J.R. 2938(a), 43 N.J.R. 1044(a).
In (h), inserted "and post a copy on the NJMC website", and "shall be made", and substituted "Any appeal of" for "The applicant may appeal".