N.J. Admin. Code § 5:21-3.6

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

Section 5:21-3.6 - Agreement to exceed standards

(a) A standard set forth in these rules may be exceeded when both the developer and the municipal approving authority agree that such exceeding of a standard is desirable under the specific circumstances of a proposed residential development.

(b) Any agreement between developer and municipal approving authority to exceed a standard set forth in these rules shall be placed in writing by the developer.

(c) The developer shall transmit forthwith to the Department notification of each agreement with a municipal approving authority to exceed any of the standards set forth in these rules.

(d) The Department shall review each agreement between a developer and a municipal approving authority wherein they mutually agree to exceed a standard otherwise set forth in the Residential Site Improvement Standards. Each such agreement shall be reviewed for consistency with the intent and purpose of the Act and these rules.

(e) The Department shall apprise the Site Improvement Advisory Board periodically of all agreements to exceed the standards, together with a summary of the review described in (d) above for each such agreement.

N.J. Admin. Code § 5:21-3.6