N.J. Admin. Code § 19:7-5.5

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

Section 19:7-5.5 - Exemptions from transportation development fee

(a) Exemptions from the transportation development fee shall be granted for the specific conditions of this section.

(b) A de minimis exemption shall be granted to applications that have a beneficial, neutral, or minor adverse impact on the District transportation network. De minimis exemptions shall be granted for an application meeting the following conditions, as determined by the NJMC:

1. The alteration, expansion, or replacement of an existing residential structure meeting all of the following conditions:

i. The total number of units of the original structure is not increased;

ii. The units are included on one application;

iii. The construction does not modify the ITE Trip Generation: An ITE Informational Report land use classification; and

iv. The zoning certificate is issued within two years of the demolition or destruction of the original structure.

2. The alteration, expansion, or replacement of an existing non-residential structure meeting all of the following conditions:

i. The alteration, expansion, or replacement does not increase the gross floor area, of the original structure, by more than 1,000 square feet;

ii. The total number of lodging rooms or selected independent variable is not increased;

iii. The modifications are included on one application;

iv. The construction does not modify the ITE Trip Generation: An ITE Informational Report land use classification; and

v. The zoning certificate is issued within five years of the demolition or destruction of the original structure.

3. The construction of only miscellaneous improvements, including placement of fill, signs, tanks, recycling areas, antennas, towers, utilities, walls, and fences.

4. The demolition or removal of a structure.

(c) An exemption shall be granted for applications that are temporary in nature and meet the following conditions, as determined by the NJMC:

1. The development involves no permanent structure; and

2. Any trips associated with the development will permanently cease within 18 months of zoning certificate approval.

i. Failure to permanently cease operation of the application's temporary trips within 18 months of zoning certificate approval shall render the use permanent and shall obligate the property owner and applicant to pay the required transportation development fee.

ii. Failure to pay the transportation development fee within 30 days shall result in a lien being placed on the property by the NJMC as provided in this chapter.

(d) A statutory exemption shall be granted in accordance with 13:17-101(a). Statutory exemptions shall be granted for an application meeting any of the following conditions, as determined by the NJMC:

1. Any development for which a zoning certificate has been issued prior to the NJMC adoption the Meadowlands District Transportation Plan on November 28, 2007;

2. Any development that has an approved development agreement with the NJMC, including the mitigation of transportation impact;

3. Any development for which construction of a material portion of the development has commenced after the date on which a development agreement was executed; or

4. Any low and moderate income housing units that are constructed pursuant to the Fair Housing Act, 52:27D-301 et seq. or under court order or settlement of a builder's remedy lawsuit.

(e) An exemption shall be granted for the following, as determined by the NJMC:

1. Municipal projects;

2. Any non-profit development that is entirely funded by the State of New Jersey, or any agency thereof; and

3. Any non-profit public transportation project.

(f) A waiver may be granted by the Executive Director upon recommendation of the Chief Engineer for county- and publicly-funded projects, not described in (e) above, that propose mitigation of adverse impacts on the District transportation network.

N.J. Admin. Code § 19:7-5.5

Administrative correction.
See: 41 N.J.R. 2143(a).
Amended by R.2011 d.118, effective 4/18/2011.
See: 42 N.J.R. 2938(a), 43 N.J.R. 1044(a).
In (a), substituted "specific" for "de minimis, temporary, and statutory"; in (b)2i, substituted "1,000" for "500"; and added (e) and (f).