N.J. Admin. Code § 5:21-3.1

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

Section 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.

N.J. Admin. Code § 5:21-3.1

Administrative correction.
See: 29 N.J.R. 1296(a).
Amended by R.2008 d.26, effective 1/22/2008.
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.

Amended by 55 N.J.R. 1999(a), effective 9/18/2023