Statutes, codes, and regulations
New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTIONChapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES
Subchapter 6 - HIGHLANDS PRESERVATION AREA APPROVAL
Section 7:38-6.4 - Waivers

N.J. Admin. Code § 7:38-6.4

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Current through Register Vol. 56, No. 11, June 3, 2024
Section 7:38-6.4 - Waivers
(a) As provided in the Highlands Act at N.J.S.A. 13:20-33b, or in accordance with the Fair Housing Act, 52:27D-301 et seq., the Department may, in its discretion, waive any provision contained in this chapter on an individual, case-by-case basis:
1. To protect public health and safety;
2. For redevelopment in certain previously developed areas in the preservation area identified by the Council pursuant to N.J.S.A. 13:20-9b or 13:20-11(a)(6)(h);
3. To avoid the taking of property without just compensation; or
4. To permit the construction of a 100 percent affordable housing development as defined by the Council on Affordable Housing pursuant to 5:93-5.5 and 5:94-4.6.
(b) A request for a waiver of any requirement of this chapter shall be submitted along with an HPAA application, as set forth in 7:38-6.1. Any waiver approved pursuant to this chapter shall be considered a waiver only of the particular requirement(s) that is identified by the Department in the written approval of the waiver as part of the HPAA.
(c) A person requesting a waiver shall first submit a written request for a pre-application meeting in accordance with N.J.A.C. 7:38-8. Upon completion of the pre-application meeting, the person may submit an application for an HPAA with waiver as set forth at N.J.A.C. 7:38-9.
(d) Any waiver approved pursuant to this chapter shall be conditioned on the Department's determination that the proposed development meets the requirements in 7:38-6.2(a) to the maximum extent possible.
(e) The Department shall determine whether a proposed activity is eligible for a waiver for health and safety in accordance with the standards set forth at 7:38-6.5.
(f) The Department shall determine whether a proposed activity is eligible for a waiver for redevelopment purposes in accordance with the standards set forth at 7:38-6.6 or 6.7.
(g) The Department shall determine whether a proposed activity is eligible for a waiver to avoid a taking without just compensation in accordance with the standards set forth in 7:38-6.8.
(h) The Department shall determine whether a proposed activity is eligible for a waiver for the construction of 100 percent affordable housing in accordance with the standards set forth in 7:38-6.9.
(i) In cases where the Department determines to approve a waiver in accordance with this chapter, the approval will include specific conditions to restrict any activities that might otherwise occur as a result of the waiver. These conditions include, but are not limited to, conservation restrictions, resolutions from a municipal utilities authority restricting sewage flows, physical limitations on sewer lines and/or pump stations and other mechanisms necessary to preclude secondary impacts that may otherwise result from the approved activities.

N.J. Admin. Code § 7:38-6.4

Amended by R.2006 d.420, effective 12/4/2006.
See: 37 N.J.R. 4767(a), 38 N.J.R. 5011(a).
In the introductory paragraph of (a), inserted "or in accordance with the Fair Housing Act, N.J.S.A. 52:27D-301 et seq.,"; in (a)2, deleted "or" from the end; in (a)3, substituted "; or" for a period at the end; added (a)4; added new (h); recodified former (h) as (i); and in (i), substituted "conservation" for "deed".