N.J. Admin. Code § 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.
Notes
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