N.J. Admin. Code § 5:21-3.3

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

Section 5:21-3.3 - Waiver review

(a) The Commissioner shall review the waiver request to determine whether it appears on preliminary review that adherence to a particular standard would jeopardize the public health and safety.

1. If the waiver request on its face does not meet the requirements of this subsection, the Commissioner shall contact the requesting party within 20 days of receipt of the request and advise the requesting party of the waiver request rejection. Grounds for rejection shall be indicated in writing.

(b) Within 20 days of receipt of a waiver request, the Commissioner shall date and mark as justified for review each waiver request accepted for review. The Commissioner shall then direct each such waiver request to the Site Improvement Advisory Board's technical committee which consists of Board members who represent the New Jersey Society of Professional Engineers, the New Jersey Society of Municipal Engineers, and the New Jersey Builders Association (see N.J.S.A. 40:55D-40.4(c)).

(c) The Commissioner shall send notice of the Commissioner's determination of justification to designated contacts at the same time as the waiver request is sent to the technical committee.

(d) The technical committee shall render a decision by resolution within 30 days of the Commissioner's determination that the waiver request is justified.

(e) A waiver resolution adopted by the committee shall specify the grounds for granting or denying the waiver request.

(f) The Commissioner shall promptly notify the developer and the municipal approving authority of the committee's decision, and shall provide a copy of the resolution memorializing such decision to those parties and to the Site Improvement Advisory Board.

N.J. Admin. Code § 5:21-3.3

Amended by R.1999 d.374, effective 11/1/1999 (operative May 1, 2000).
See: 31 New Jersey Register 477(a), 31 New Jersey Register 3259(a).