N.J. Admin. Code § 5:21-3.1 - Exceptions
(a) The municipal approving authority may grant by
resolution of the planning board or zoning board of adjustment such de minimis
exceptions from the requirements of the site improvement standards as may be
reasonable and within the general purpose and intent of the standards if the literal
enforcement of one or more provisions of the standards is impracticable or will
exact undue hardship because of peculiar conditions pertaining to the development in
question.
(b) An application for an
exception pursuant to this section shall be filed in writing with the municipal
approving authority and shall include:
1. A
statement of the requirements of the standards from which an exception is
sought;
2. A statement of the manner by
which strict compliance with said provisions would result in practical difficulties;
and
3. A statement of the nature and
extent of such practical difficulties.
(c) Exceptions shall become a part of the
construction documents and shall be retained by the municipal approving
authority.
(d) Within 30 days of
granting a de minimis exception request, a municipal approving authority agreeing to
an exception pursuant to this section shall send a copy of the document(s)
constituting the de minimis exception resolution and/or document to the New Jersey
Department of Community Affairs, Division of Codes and Standards, 101 South Broad
Street, PO Box 802, Trenton, NJ 08625-0802. Such notice shall be clearly marked
"Site Improvement Exception(s)." A copy of the planning or zoning board's resolution
of approval for the subdivision is sufficient notification of such exception,
provided that it clearly identifies the requirement(s) of the site improvement
standards from which the development varies and the reason(s) for the
exception.
(e) An application for an
exception may also be made by an officer or agency of the municipality.
(f) Examples of de minimis exceptions include, but
are not limited to, the following:
1. Reducing the
minimum size of parking stalls;
2.
Reducing the minimum geometrics of street design, such as curb radii, horizontal and
vertical curves, intersection angles, centerline radii, and others;
3. Reducing cartway width; and
4. Any changes in standards necessary to implement
traffic calming devices.
(g)
The municipal approving authority's granting of a request for a de minimis exception
shall be based on a finding that the requested exception meets the following
criteria:
1. It is consistent with the intent of
the Site Improvement Act;
2. It is
reasonable, limited, and not unduly burdensome;
3. It meets the needs of public health and safety;
and
4. It takes into account existing
infrastructure and possible surrounding future development.
Notes
See: 29 N.J.R. 1296(a).
Amended by R.2008 d.26, effective
See: 39 N.J.R. 4363(a), 40 N.J.R. 613(a).
In (a), inserted "by resolution of the planning board or zoning board of adjustment"; and in (d), added the last sentence.
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