N.J. Admin. Code § 16:41C-6.8 - Waivers

(a) As authorized under N.J.S.A. 27:5-11.c, in those instances where the Commissioner deems it to be in the public interest, a waiver may be granted and a permit issued for a sign on a public property, which would not otherwise be allowed by the State Act or this chapter. The process for requesting a waiver shall be as follows:

1. A waiver may be requested after the issuance of a notice of denial. A waiver request shall be submitted to the Office of Outdoor Advertising Services, at the address found at N.J.A.C. 16:41C-1.3. The request shall constitute an acceptance of the denial of the application as the final agency decision, except as the Commissioner may modify that decision through the granting of the waiver.

2. The waiver request shall include the following:

i. A letter from the public property owner indicating its request for the waiver;

ii. A statement that explains how the issuance of the permit would satisfy the requirements listed in (a)4 below, notwithstanding the reasons for the denial of the application; and

iii. Maps, photographs, or other supporting documents.

3. The Office of Outdoor Advertising Services shall review the documentation. It may request additional information, such as, but not limited, to traffic studies, safety studies, or such other analysis as the Department may determine to be helpful or necessary to evaluate the request. Upon completion of its review, the Office of Outdoor Advertising Services shall submit its recommendation to the Commissioner regarding the waiver request.

4. The Commissioner shall consider the waiver requests on a case-by-case basis and shall consider the recommendation of the Office of Outdoor Advertising Services, weigh the benefit to the public, evaluate the need for the sign, assure the public safety, and remain in compliance with Federal law and the Agreement. In approving a waiver, the Commissioner may impose conditions as he or she deems appropriate.

5. Where the Commissioner determines that a waiver should be granted, the Office of Outdoor Advertising Services shall prepare all documentation necessary for the review by the State House Commission. Upon receipt of the official minutes of the State House Commission indicating its approval of the waiver, the Office of Outdoor Advertising Services shall proceed to issue a notice of approval to the applicant.

Notes

N.J. Admin. Code § 16:41C-6.8

Adopted by 47 N.J.R. 540(a), effective 3/2/2015