N.J. Admin. Code § 7:45-12.7

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

Section 7:45-12.7 - Waiver of visual, historic and natural quality impact standards

(a) Projects otherwise subject to the visual, historic and natural quality standards may be waived from strict adherence to such standards, if the applicant establishes to the satisfaction of the Commission that:

1. Visual screening will continue to exist in the future; and

2. Wherever possible, natural terrains, soils and vegetation are to be preserved, and new vegetation and soils are to be native to the environment in which they are placed; and

i. The topography of the land screens the entire project from the view of a person in the Park;

ii. Existing structures screen the entire project from the view of a person in the Park; or

iii. Vegetation located on preserved land screens the entire project from the view of a person in the Park during the winter season.

(b) Projects may be waived from the setback requirement if a divided highway exists between the Park and the project site if the Commission determines that the road and its traffic create a sufficient barrier to the visual impact of the project.

(c) Projects may be waived from the setback requirement if they are additions to a pre-existing nonconforming structure and the Commission determines that the proposed addition will not further impose on the character of the Park.

(d) The Commission may require additional restrictions, conditions, or special compensatory measures that mitigate waiver of strict adherence to the review procedure as outlined in N.J.A.C. 7:45-10.3.

N.J. Admin. Code § 7:45-12.7