N.J. Admin. Code § 7:45-12.2

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

Section 7:45-12.2 - Procedure

(a) A waiver request shall be in writing and shall demonstrate that the project will comply with this chapter, subject to the waiver. The request shall also include the documentation required for approval of a project under N.J.A.C. 7:45-3, and must include all documentation that N.J.A.C. 7:45-3 requires for the standard for which a waiver is sought.

(b) To support a waiver based upon extreme economic hardship, the applicant shall submit to the Commission documentation including, but not limited to, the following:

1. Proof that any current use of the property is not capable of yielding a reasonable return if its present use is continued;

2. Identification of the specific regulatory provisions for which the applicant seeks a waiver;

3. An explanation of how the project has been designed to comply as much as possible with the other parts of this chapter as well as any proposed mitigation techniques proposed to offset waiving strict adherence to the requirements of this chapter;

4. Documentation that the subject property has been offered for sale for market value, as defined in the Green Acres Program rules at N.J.A.C. 7:36-2.1, to other interested parties including the contact persons and phone numbers (including adjacent land owners, the Department's Green Acres program, or other conservation groups) and that they are not interested in purchasing the property for market value;

5. A complete purchase contract for the subject property;

6. A title report and the title policy;

7. The survey used for the purchase;

8. A copy of any mortgage on the property since acquisition by the present owner; and

9. A copy of current municipal zoning ordinance and permissible uses for the site.

(c) Within 30 days after the date that an application for waiver is received in the Commission's office, the Commission staff shall review the application to determine if all the items required for a complete application have been submitted and take one of the following actions:

1. Notify the applicant in writing of any missing items required for a complete application; or

2. Notify the applicant in writing that the application is complete.

(d) The Commission shall determine whether to deny, approve or approve with conditions an application for a waiver from project review within 45 days from the date when an application has been declared complete. The Commission may require specific compensatory measures to mitigate the project's potential harmful impact on the Park as conditions of a waiver approval.

(e) The Commission shall issue a notice of decision containing its determination on the waiver application. The notice of decision shall be issued in accordance with N.J.A.C. 7:45-3.7.

(f) The notice of decision on the waiver application shall advise the applicant, municipal reviewing agency and those interested parties who specifically requested notice of the Commission's decision of the right to request a contested case hearing pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the New Jersey Uniform Administrative Procedure Rules, N.J.A.C. 1:1. The request for a hearing shall be submitted and acted on pursuant to N.J.A.C. 7:45-7.

(g) A waiver of one or more requirements shall lapse:

1. If construction is not complete within five years from the date of the approval; or

2. If the municipal permits or approvals expire, lapse, or are revoked.

N.J. Admin. Code § 7:45-12.2