N.J. Admin. Code § 7:45-12.3

Current through Register Vol. 56, No. 19, October 7, 2024

Section 7:45-12.3 - Waiver of review standards due to extreme economic hardship or compelling public need

(a) The Commission may waive a requirement of this chapter, upon a clear and convincing demonstration by the applicant that:

1. Strict adherence to the review standards or to a specific requirement of this chapter would not be practical and would result in extreme economic hardship, or would conflict with a compelling public need; and

2. The project will not impair the intent and purpose of the Master Plan or this chapter.

(b) The Commission shall use the following standards in reviewing economic hardship waiver applications:

1. The literal enforcement of this chapter would result in an extreme economic hardship, as distinguished from a mere inconvenience, because of the particular physical surroundings, shape or topographical conditions of the property involved. The necessity of acquiring additional land to meet the setback requirements of this chapter shall not be considered an extreme economic hardship unless the applicant can demonstrate that there is no adjacent land that is reasonably available; and

2. An applicant shall be deemed to have established the existence of an extreme economic hardship only if the applicant demonstrates, based on specific facts, that the subject property is not capable of yielding a reasonable return if its present use is continued, or if it is developed as authorized by provisions of this chapter and that this inability to yield a reasonable return results from unique circumstances peculiar to the subject property that:

i. Do not apply to or affect other property in the immediate vicinity;

ii. Relate to or arise out of the characteristics of the subject property rather than the personal situation of the applicant; and

iii. Are not the result of any action or inaction by the applicant or the owner or his predecessors in title; and

3. The applicant has provided documentation showing that the subject property has been offered for sale for market value, as defined in the Green Acres Program rules at 7:36-2.1, to other interested parties (including adjacent land owners, the Department's Green Acres program, or other conservation groups), and that none of the parties has expressed an interest in acquiring the subject property for market value.

(c) An applicant shall be deemed to have established compelling public need if the applicant demonstrates, based on specific facts, that:

1. The proposed project will serve an essential public health or safety need;

2. The public health and safety require the requested waiver;

3. The proposed use is required to serve existing public health or safety needs; and

4. There is no alternative available to meet the established public health or safety need.

(d) Any waiver granted due to economic hardship or compelling public need must meet the following criteria:

1. The waiver is the minimum relief necessary to relieve the hardship or need;

2. The waiver will not be inconsistent with the purposes, objectives or the general spirit and intent of the Master Plan or this chapter; and

3. The granting of the waiver will not be materially detrimental or injurious to other property or improvements in the area in which the subject property is located, will not endanger public safety or will not result in substantial impairment of the resources of the Park.

N.J. Admin. Code § 7:45-12.3