N.J. Admin. Code § 7:38-6.7

Current through Register Vol. 56, No. 11, June 3, 2024

Section 7:38-6.7 - Waivers for redevelopment in certain previously developed areas in the Highlands preservation area: 70 percent impervious surface

(a) In accordance with N.J.S.A. 13:20-33b(2), the Department may, on a case by case basis, waive any of the provisions for an HPAA if such waiver is necessary for redevelopment of certain previously developed areas in the preservation area identified by the Highlands Council. A waiver under this section shall apply only to an area if and when the Highlands Council identifies a site at which at least 70 percent of the area thereof is covered with impervious surface.

(b) An applicant shall be eligible for an HPAA with a waiver for redevelopment under this section, if the applicant demonstrates that:

1. The proposed redevelopment meets the requirements at 7:38-6.2 to the maximum extent possible while still addressing the identified redevelopment need; and

2. The proposed redevelopment meets the requirements in 7:38-6.6(k)6, 7 and 8.

N.J. Admin. Code § 7:38-6.7

Amended by R.2006 d.420, effective 12/4/2006.
See: 37 N.J.R. 4767(a), 38 N.J.R. 5011(a).
Section was "Waivers for redevelopment in certain previously developed areas in the Highlands Preservation Area: 70 percent impervious surface". In (b)2, updated the N.J.A.C. reference.