N.J. Admin. Code § 5:21-3.2 - Waiver request
(a) A municipality or
developer may, in connection with a specific development, request a waiver of any
site improvement standard adopted under this chapter in accordance with
40:55D-40.4(c). A
waiver request may also be made jointly by a municipality and a developer.
(b) The Site Improvement Advisory Board may
approve a request for a waiver based on any danger to public health and safety that
would be caused by adherence to a standard specified in this chapter.
(c) The waiver request shall consist of the
following:
1. A copy of the development
application as submitted to the municipal approving authority; and
2. A brief memorandum to the Commissioner of the
Department of Community Affairs containing sufficient information upon which to base
a determination, including:
i. A short description
of the project in narrative form;
ii. A
citation to the particular site improvement standard from which waiver is
requested;
iii. A clear description of
the condition(s) giving rise to the request;
iv. A clear description of the anticipated result
if the standard were to be followed;
v.
The name, address, and telephone number of a contact person for the developer;
and
vi. The name, address, and telephone
number of a contact person for the municipal approving authority.
(d) The party requesting the
waiver shall send the request to the New Jersey Department of Community Affairs,
Division of Codes and Standards, 101 South Broad Street, PO Box 802, Trenton, NJ
08625-0802.
(e) Where a waiver is
requested by the developer, the developer shall send a copy of the request to the
administrative officer of the municipality concerned. Where a waiver is requested by
the municipality, the municipality shall send a copy of the request to the
developer.
(f) A waiver may be requested
by the developer or the municipal approving authority at any time during the
pendency of a development application. The Site Improvement Advisory Board
recommends submission of a waiver request early in the application process or prior
to the submission of a formal development application. If the applicant or the
municipal approving authority determines during the planning board review process
that a waiver request is appropriate, the municipal approving authority shall give
consideration whenever possible to the granting of an extension for the purpose of
pursuing a waiver. In some cases it may be impracticable for the party requesting or
appealing a waiver to complete the waiver process within the time guidelines of the
Municipal Land Use Law (40:55D-1 et seq.; see, for example,
40:55D-45.3, 46(c), 46.1, 47, 48 and
50). In such cases, the municipal approving authority may provide for the
disposition of the waiver as a condition of its approval.
(g) There is no fee for requesting a
waiver.
Notes
See: 39 N.J.R. 4363(a), 40 N.J.R. 613(a).
In the introductory paragraph of (c), deleted the former first sentence.
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