N.J. Admin. Code § 7:7A-8.4

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

Section 7:7A-8.4 - Hardship transition area waiver

(a) The Department shall issue a hardship transition area waiver under this section if a site is not susceptible to a reasonable use if developed as authorized by this chapter, and this limitation results from unique circumstances peculiar to the site which:

1. Do not apply to or affect other property in the local region;

2. Relate to or arise out of the site itself, rather than the personal situation of the applicant; and

3. Are not the result of any action or inaction by the applicant, the site owner or the owner's predecessors in title.

(b) The Department shall presume that a hardship under (a) above exists and shall issue a hardship transition area waiver that reduces the transition area in an amount determined under (c) below, provided the applicant demonstrates that all of the following criteria are met:

1. The presence of transition areas on the site makes it impossible to build a single family dwelling on the site under the other provisions of this chapter;

2. The lot or lots that make up the site were created by a subdivision occurring prior to July 1, 1988;

3. The site has been owned continuously by the applicant since prior to July 1, 1988;

4. The site is not contiguous with an improved property that was owned by the applicant on July 1, 1988;

5. The applicant has not received a hardship transition area waiver based on these hardship criteria at any time during the five years prior to the present application for a hardship transition area waiver;

6. The applicant has unsuccessfully attempted to purchase adjacent properties for fair market value in order to create a developable upland;

7. The applicant has offered the site for sale at fair market value as determined by a fair market value appraisal, performed by a State-licensed appraiser and using a form letter provided by the Department, to adjacent property owners and the offer was refused or is not reasonable, assuming a minimum beneficial economically viable use, in accordance with N.J.A.C. 7:7A-13, to alleviate the hardship;

8. The applicant has offered the site for sale at fair market value as determined by a fair market value appraisal, performed by a State-licensed appraiser, and using a form letter provided by the Department, to interested public and/or private conservation organizations on a list provided by the Department, and the offer was refused or is not reasonable, assuming a minimum beneficial economically viable use, in accordance with N.J.A.C. 7:7A-13, to alleviate the hardship; and

9. The form letter offer of sale under (b)7 and 8 above shall be sent by certified mail and shall:

i. Indicate that the offer is open for a period of at least 90 days;

ii. Include a copy of a fair market value appraisal, performed by a State-licensed appraiser; and

iii. Include a full disclosure that the property is contained within a wetland transition area that restricts its use.

(c) The amount of transition area reduction authorized under a hardship transition area waiver shall be the minimum amount necessary to construct one single family home and any necessary appurtenances, such as a driveway or septic system. However, the transition area shall not be reduced under this section to less than 75 feet for a transition area adjacent to exceptional resource value wetlands, or 25 feet for a transition area adjacent to intermediate resource value wetlands.

N.J. Admin. Code § 7:7A-8.4

Amended and recodified from 7:7A-6.5 by 49 N.J.R. 3849(a), effective 12/18/2017

Administrative Change, 50 N.J.R. 1147(a).