New Jersey Administrative Code
Title 16 - TRANSPORTATION
Chapter 41C - ROADSIDE SIGN CONTROL AND OUTDOOR ADVERTISING
Subchapter 6 - PERMITS, WAIVERS, AND CONSTRUCTION OF NEW SIGNS
Section 16:41C-6.8 - Waivers
Universal Citation: NJ Admin Code 16:41C-6.8
Current through Register Vol. 56, No. 24, December 18, 2024
(a) As authorized under N.J.S.A. 27:5-11.c, in those instances where the Commissioner deems it to be in the public interest, a waiver may be granted and a permit issued for a sign on a public property, which would not otherwise be allowed by the State Act or this chapter. The process for requesting a waiver shall be as follows:
1. A waiver may be requested after the
issuance of a notice of denial. A waiver request shall be submitted to the
Office of Outdoor Advertising Services, at the address found at
N.J.A.C.
16:41C-1.3. The request shall constitute an
acceptance of the denial of the application as the final agency decision,
except as the Commissioner may modify that decision through the granting of the
waiver.
2. The waiver request shall
include the following:
i. A letter from the
public property owner indicating its request for the waiver;
ii. A statement that explains how the
issuance of the permit would satisfy the requirements listed in (a)4 below,
notwithstanding the reasons for the denial of the application; and
iii. Maps, photographs, or other supporting
documents.
3. The Office
of Outdoor Advertising Services shall review the documentation. It may request
additional information, such as, but not limited, to traffic studies, safety
studies, or such other analysis as the Department may determine to be helpful
or necessary to evaluate the request. Upon completion of its review, the Office
of Outdoor Advertising Services shall submit its recommendation to the
Commissioner regarding the waiver request.
4. The Commissioner shall consider the waiver
requests on a case-by-case basis and shall consider the recommendation of the
Office of Outdoor Advertising Services, weigh the benefit to the public,
evaluate the need for the sign, assure the public safety, and remain in
compliance with Federal law and the Agreement. In approving a waiver, the
Commissioner may impose conditions as he or she deems appropriate.
5. Where the Commissioner determines that a
waiver should be granted, the Office of Outdoor Advertising Services shall
prepare all documentation necessary for the review by the State House
Commission. Upon receipt of the official minutes of the State House Commission
indicating its approval of the waiver, the Office of Outdoor Advertising
Services shall proceed to issue a notice of approval to the
applicant.
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