N.J. Admin. Code § 5:21-3.2

Current through Register Vol. 56, No. 24, December 18, 2024

Section 5:21-3.2 - Waiver request

(a) A municipality or developer may, in connection with a specific development, request a waiver of any site improvement standard adopted under this chapter in accordance with N.J.S.A. 40:55D-40.4(c). A waiver request may also be made jointly by a municipality and a developer.

(b) The Site Improvement Advisory Board may approve a request for a waiver based on any danger to public health and safety that would be caused by adherence to a standard specified in this chapter.

(c) The waiver request shall consist of the following:

1. A copy of the development application as submitted to the municipal approving authority; and

2. A brief memorandum to the Commissioner of the Department of Community Affairs containing sufficient information upon which to base a determination, including:

i. A short description of the project in narrative form;

ii. A citation to the particular site improvement standard from which waiver is requested;

iii. A clear description of the condition(s) giving rise to the request;

iv. A clear description of the anticipated result if the standard were to be followed;

v. The name, address, and telephone number of a contact person for the developer; and

vi. The name, address, and telephone number of a contact person for the municipal approving authority.

(d) The party requesting the waiver shall send the request to the New Jersey Department of Community Affairs, Division of Codes and Standards, 101 South Broad Street, PO Box 802, Trenton, NJ 08625-0802.

(e) Where a waiver is requested by the developer, the developer shall send a copy of the request to the administrative officer of the municipality concerned. Where a waiver is requested by the municipality, the municipality shall send a copy of the request to the developer.

(f) A waiver may be requested by the developer or the municipal approving authority at any time during the pendency of a development application. The Site Improvement Advisory Board recommends submission of a waiver request early in the application process or prior to the submission of a formal development application. If the applicant or the municipal approving authority determines during the planning board review process that a waiver request is appropriate, the municipal approving authority shall give consideration whenever possible to the granting of an extension for the purpose of pursuing a waiver. In some cases it may be impracticable for the party requesting or appealing a waiver to complete the waiver process within the time guidelines of the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.; see, for example, N.J.S.A. 40:55D-45.3, 46(c), 46.1, 47, 48 and 50). In such cases, the municipal approving authority may provide for the disposition of the waiver as a condition of its approval.

(g) There is no fee for requesting a waiver.

N.J. Admin. Code § 5:21-3.2

Amended by R.2008 d.26, effective 1/22/2008.
See: 39 N.J.R. 4363(a), 40 N.J.R. 613(a).
In the introductory paragraph of (c), deleted the former first sentence.