On February 24, 2010, the New Jersey Meadowlands Commission adopted Resolution No. 10-08 in response to Executive Order No. 2 (2010), which directs certain State agencies, within the first 90 days of the Christie administration, to facilitate intermediate relief from regulatory burdens by identifying any regulations and processes that impede economic development.
Pursuant to this regulatory review, the NJMC staff has identified a number of existing provisions for waivers and other relief included within the District Zoning Regulations at N.J.A.C. 19:4 and the District Subdivision Regulations at N.J.A.C. 19:5 that are consistent with the intent of Executive Order No. 2 to provide flexibility in the regulatory review process.
District Zoning Regulations
| N.J.A.C. 19:4-3.14(c) | Temporary uses and structures
2. Temporary uses and structures shall comply with all applicable zoning regulations, unless otherwise permitted by the Chief Engineer. |
| N.J.A.C. 19:4-3.18(c) | Yards
14. Guard booths with a floor area of up to 100 square feet and barrier gate arms located at an appropriate setback to provide sufficient queuing area for vehicles, as determined by the Chief Engineer, but in no case less than 15 feet from all property lines. |
| N.J.A.C. 19:4-3.19(e) | Yard designation
In the case where a lot line abuts a right-of-way, where the improved edge of the right-of-way is grade separated from a front lot line or front yard, and from which there can be no reasonable access from the right-of-way due to such grade separation, the Chief Engineer may determine that such lot line or yard shall not be considered a front lot line or front yard. |
| N.J.A.C. 19:4-3.22(a) | Zoning lot of record
A zoning lot of record may be established in order to utilize two or more lots as a united parcel. Zoning lots of record shall meet the following requirements: 1. The zoning lot of record shall be designed, developed, built, and used as a single unit. Usage of open space, parking, and other site-related amenities are to be shared by the site users. 2. The individual lots within a zoning lot of record shall be under some form of single ownership at the time of development. This form of ownership and the zoning lot of record agreement shall be approved by the Chief Engineer. A zoning lot of record agreement shall be recorded in the county registrar’s office. All future owners or mortgage holders shall be bound by the recorded form of single ownership and the zoning lot of record agreement. No zoning lot of record shall be dissolved without the approval of the Chief Engineer, who may reject such dissolution based on any resulting nonconformity. Any nonconformity resulting from an approved dissolution of the zoning lot of record shall be classified as an existing legal nonconformity. 3. The zoning lot of record shall be comprised of lots which are contiguous and within the same zone. Whether or not lots or portions of lots that are separated by a manmade or natural barrier, such as a waterway or ROW, will be considered to be contiguous shall be determined by the NJMC, based upon the nature and extent of such barrier and the area in which such barrier is located. 4. A zoning lot of record shall be considered a lot for the purposes of these regulations. |
| N.J.A.C. 19:4-4.5(f) | Application for zoning certificate; technical requirements
The technical requirements of (a) through (e) above may be waived by the Chief Engineer upon written request in accordance with the following: 1. A request for a waiver shall specify the provision in (a) above from which the waiver is requested and the reason(s) for the request. 2. The Chief Engineer may grant waivers from the submittal requirements, in writing, upon finding that conformance with NJMC rules may be determined without the specific submittal. 3. The Chief Engineer shall have 10 business days to render a decision on the waiver request. 4. Upon a substantive change of an application or unforeseen circumstance, the NJMC reserves the right to require the submittal of a waived requirement when deemed necessary by the Chief Engineer to determine conformance with NJMC rules. |
| N.J.A.C. 19:4-8.7(a) | Buffers
2. At man-made watercourses, the location and measured dimension of the buffer shall be determined by the NJMC. |
| N.J.A.C. 19:4-4.10(b) | Application for occupancy certification; technical completeness
The submittal requirements of (a) above may be waived by the Chief Engineer upon written request in accordance with the following: 1. A request for a waiver shall specify the provision in (a) above from which the waiver is requested and the reason(s) for the request. 2. The Chief Engineer may grant waivers from the submittal requirements, in writing, upon finding that conformance with NJMC rules may be determined without the specific submittal. 3. The Chief Engineer shall have 10 business days to render a decision on the waiver request. 4. Upon a substantive change of an application or unforeseen circumstance, the NJMC reserves the right to require the submittal of a waived requirement when deemed necessary by the Chief Engineer to determine conformance with NJMC rules. |
| N.J.A.C. 19:4-4.13(a) | Special exception uses
A special exception use may be permitted in a particular zone in accordance with these regulations. |
| N.J.A.C. 19:4-4.14(a) | Variances
A variance from a particular regulation may be granted in accordance with these regulations. |
| N.J.A.C. 19:4-4.17(j) | Public hearings
Notwithstanding the provisions of this section, in case of a request for a variance from a bulk regulation in this chapter, the Chief Engineer may waive a public hearing, but may not waive notification requirements, provided, however, that the applicant submit written comments relative to the application to the NJMC prior to such public notification. Public comment will be accepted within 10 days of the date of publication. If there is sufficient public interest in the application during the comment period, as determined by the Chief Engineer, the NJMC reserves the right to require a public hearing. |
| N.J.A.C. 19:4-6.6(a) | Green buildings
7. In cases where an application cannot comply with the design requirements in N.J.A.C. 19:4-8 due solely to the ability to install a LEED-recognized green building component, the NJMC may consider a LEED waiver from such requirements pursuant to the following process: i. A request for a LEED waiver shall be made in writing to the Chief Engineer. ii. A request for a LEED waiver shall specify the regulation from which the waiver is requested and a detailed reason(s) for the request. iii. The Chief Engineer may grant LEED waivers in writing, and impose conditions upon such waivers, upon finding that the LEED waiver is necessary to install the green building component and that such waiver shall not result in a threat to public health, safety, and/or order and will not result in a detriment to the intent of the regulation. The Chief Engineer shall have the authority to decide that a variance procedure would be a more appropriate method in which to consider the proposed deviation from the regulations. iv. The Chief Engineer shall have 10 business days to render a decision on the waiver request. v. Upon a substantive change of an application or unforeseen circumstance, the NJMC reserves the right to require a waived requirement when deemed necessary by the Chief Engineer. |
| N.J.A.C. 19:4-8.1(d) | General provisions
Permitted uses in the Environmental Conservation zone and public parks in all zones are exempt from the design standards of this subchapter but shall be designed in consultation with the NJMC staff. |
| N.J.A.C. 19:4-8.2(c) | Parking
5. All vehicular use areas, except those in the Environmental Conservation zone and single-family and two-family detached residences, shall be curbed with full depth concrete or granite block and paved or otherwise improved with an all-weather dustless material. Use of pavement materials other than asphalt and concrete shall be subject to approval by the Chief Engineer. |
