N.J. Admin. Code § 15:30-7.6

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

Section 15:30-7.6 - Waivers

(a) Any of the requirements of plan endorsement, pursuant to N.J.A.C. 15:30-7.8, 7.9, and 7.11 may be partially or fully waived at the discretion of the Executive Director in consultation with the relevant State agencies.

(b) A waiver may be granted pursuant to (a) above, provided the Executive Director determines that a petitioner has previously satisfactorily completed the requirement or has substantially complied with the intent of the requirement. The determination will be based on a consideration of whether standards for plan endorsement as delineated in this subchapter and, if appropriate, whether additional relevant requirements based on guidance provided by the Office of Planning Advocacy in plan endorsement guidelines and related guidance documents and as agreed upon between the Office of Planning Advocacy and the petitioner, have been met.

(c) A petitioner may request a waiver for any provision of the plan endorsement process pursuant to (a) above, at any time. The request shall include a written justification to the Executive Director.

(d) Within 30 days of receipt of a request for a waiver pursuant to (c) above, the Executive Director shall determine whether the waiver is justified and notify the petitioner in writing of such determination.

(e) The Executive Director shall advise the State Planning Commission of a grant of any waivers pursuant to (a) through (d) above, at the next regularly scheduled Commission meeting following the decision.

(f) Any of the requirements of plan endorsement, including procedural requirements, other than N.J.A.C. 15:30-7.8, 7.9, and 7.11 may be waived at the discretion of the State Planning Commission, based on a written request by petitioner and a written recommendation by the Executive Director in consultation with any relevant State agencies. The recommendation shall be based on a determination of whether intended comprehensive planning goals have been achieved using alternative implementation mechanisms or whether a requirement of plan endorsement is determined to be inappropriate or unnecessary to achieve intended comprehensive planning goals, based on a petitioner's unique circumstances.

N.J. Admin. Code § 15:30-7.6

Amended and Recodified from 5:85-7.6 by 56 N.J.R. 41(b), effective 1/2/2024