N.J. Admin. Code § 5:21-1.5

Current through Register Vol. 56, No. 9, May 6, 2024

Section 5:21-1.5 - Scope and applicability

(a) These rules shall govern any site improvements carried out or intended to be carried out or required to be carried out in connection with any application for residential subdivision, site plan approval, or variance before any planning board or zoning board of adjustment created pursuant to the Municipal Land Use Law ( 40:55D-1 et seq.); or in connection with any other residential development approval required or issued by any municipality or agency or instrumentality thereof.

(b) Except as is otherwise specifically provided, these rules shall control all matters concerning the construction, alteration, addition, repair, removal, demolition, maintenance, and use of any site improvements constructed by a developer in connection with residential development. Except as otherwise required by rules or other permit requirements of the Department of Environmental Protection regarding storm water management, the rules are to be interpreted as the minimum required to ensure public health and safety, and the maximum that may be required in connection with residential development.

(c) These rules shall apply to all site improvement work and appurtenant construction including streets, roads, parking facilities, sidewalks, drainage structures, grading, and utilities which are undertaken by a developer in connection with residential development or use.

1. Where both residential and commercial development are planned in a mixed-use development, these rules shall apply to the residential part or parts of such development where such residential part or parts are discrete and separate from planned commercial parts as evidenced by, for example, separate building(s), separate parking, and separate access features.

2. These rules shall apply to all utilities created by or deriving their authority from municipal ordinance to operate within a given jurisdiction.

3. Choice among options contained in these rules shall be the applicant's unless otherwise specified in these rules.

(d) Nothing contained in these rules shall be construed to limit the powers of any municipality to establish and enforce any requirement concerning:

1. Layout, arrangement, and location of improvements, shade trees, landscaping, or reservation of areas for public use, pursuant to 40:55D-38;

2. Preservation of existing natural resources; arrangement of physical elements for safe and efficient vehicular and pedestrian circulation, by, for example, traffic calming measures as described in "Residential Street Design and Traffic Control," by W. S. Homburger et al. (Institute of Transportation Engineers, 1989), parking, and loading; screening, landscaping, and location of structures; or conservation of energy and use of renewable resources; pursuant to 40:55D-41; or

3. Use, bulk, height, number of stories, orientation, and size of buildings and other structures; the percentage of lot or development area that may be occupied by structures, lot sizes and dimensions, floor area ratios, or other measures to control development intensity or density; or the provision of adequate light and air, pursuant to N.J.S.A. 40:55-65.

(e) The provisions of these rules shall not preempt or in any way affect the exercise of any authority by the State or any county government with respect to site improvements conferred by any State law or any rule promulgated thereunder. Nor shall these rules be in any way interpreted to modify or otherwise affect rules promulgated pursuant to the Pinelands Commission Act, 13:18A-1 et seq. ( N.J.A.C. 7:50). It is the intent of these rules to be consistent with all other applicable laws, rules and regulations. Where these rules and any other State or county laws, rules or regulations establish differing requirements, then the requirements of these rules shall govern, except where any such differing requirement is more restrictive.

(f) These rules shall not apply to driveways on private property held in fee-simple as individual residential lots outside of the public right-of-way, including common driveways established by easements shared by more than one but not more than four dwelling units on private property.

(g) These rules are intended to ensure the public health, safety, and welfare insofar as they are affected by site improvement work, and shall be so construed.

N.J. Admin. Code § 5:21-1.5

Administrative correction.
See: 29 New Jersey Register 1296(a).
Amended by R.1998 d.399, effective 8/3/1998.
See: 30 New Jersey Register 1660(a), 30 New Jersey Register 2861(a).
In (b), inserted "Except as otherwise required by rules or other permit requirements of the Department of Environmental Protection regarding storm water management, the" at the beginning of the second sentence.
Amended by R.2000 d.480, effective 12/4/2000 (operative June 3, 2001).
See: 32 New Jersey Register 2670(b), 32 New Jersey Register 4277(a).
In (f), inserted "but not more than four".
Amended by R.2005 d.56, effective 2/7/2005.
See: 36 New Jersey Register 4025(a), 37 New Jersey Register 481(c).
In (d), inserted "or density" following "other measures to control development intensity".