New Jersey Administrative Code
Title 5 - COMMUNITY AFFAIRS
Chapter 21 - RESIDENTIAL SITE IMPROVEMENT STANDARDS
Subchapter 3 - EXCEPTIONS, WAIVERS, AND SPECIAL AREA STANDARDS
Section 5:21-3.3 - Waiver review

Universal Citation: NJ Admin Code 5:21-3.3

Current through Register Vol. 56, No. 18, September 16, 2024

(a) The Commissioner shall review the waiver request to determine whether it appears on preliminary review that adherence to a particular standard would jeopardize the public health and safety.

1. If the waiver request on its face does not meet the requirements of this subsection, the Commissioner shall contact the requesting party within 20 days of receipt of the request and advise the requesting party of the waiver request rejection. Grounds for rejection shall be indicated in writing.

(b) Within 20 days of receipt of a waiver request, the Commissioner shall date and mark as justified for review each waiver request accepted for review. The Commissioner shall then direct each such waiver request to the Site Improvement Advisory Board's technical committee which consists of Board members who represent the New Jersey Society of Professional Engineers, the New Jersey Society of Municipal Engineers, and the New Jersey Builders Association (see 40:55D-40.4(c) ).

(c) The Commissioner shall send notice of the Commissioner's determination of justification to designated contacts at the same time as the waiver request is sent to the technical committee.

(d) The technical committee shall render a decision by resolution within 30 days of the Commissioner's determination that the waiver request is justified.

(e) A waiver resolution adopted by the committee shall specify the grounds for granting or denying the waiver request.

(f) The Commissioner shall promptly notify the developer and the municipal approving authority of the committee's decision, and shall provide a copy of the resolution memorializing such decision to those parties and to the Site Improvement Advisory Board.

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