N.J. Admin. Code § 19:5-9.1

Current through Register Vol. 56, No. 12, June 17, 2024

Section 19:5-9.1 - Waiver procedure

(a) In cases where there is unnecessary hardship in carrying out the literal provisions of this chapter, or where the literal enforcement of one or more of the regulations is impractical, whether because of a conflicting municipal requirement or otherwise, the Chief Engineer may grant waivers from such provisions.

(b) An application for a waiver shall be submitted in writing to the Chief Engineer. The Chief Engineer shall respond in writing within 15 days of receipt of the waiver request.

(c) The Chief Engineer may grant such waivers as will not be contrary to the interest of the public health, safety and welfare or the purposes of the NJMC Master Plan or redevelopment plan, upon a demonstration by the applicant that the literal enforcement of one or more of these regulations is impractical or will result in unnecessary hardship.

(d) When used in this subchapter, the term "unnecessary hardship" shall not mean a mere inconvenience.

(e) No municipal approval authority shall refuse to approve a subdivision application for which a waiver has been granted by the NJMC on the basis that such waiver is incompatible with the subdivision ordinance administered by the municipal approval authority.

(f) In granting waivers, the Chief Engineer may impose such conditions, safeguards and restrictions as, in his or her judgment will be necessary to carry out the purposes, intent, and objectives of the provisions of this chapter.

(g) A copy of any waiver granted by the Chief Engineer shall be sent to the Commission and to the municipalities involved for their information.

N.J. Admin. Code § 19:5-9.1