reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 8 - NONBINDING RESERVATION AGREEMENTS › Section 5:19-8.5 - Effective period

Current through Register Vol. 56, No. 14, July 15, 2024
Unless cancelled by the prospective purchaser, the nonbinding
				  reservation agreement shall be effective for a period of not less than 30 days after
				  notice to the prospective purchaser that the application for certification and the
				  disclosure statement have been certified by the Department as provided in this
				  chapter or until the provider withdraws the proposal to establish a continuing care
				  retirement community.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 8 - NONBINDING RESERVATION AGREEMENTS › Section 5:19-8.6 - Notice

Current through Register Vol. 56, No. 14, July 15, 2024
The provider shall give written notice to the prospective
				  purchaser that the application for certification and the disclosure statement have
				  been certified by the Department, enclosing a copy of the disclosure statement, and
				  shall notify the prospective purchaser that he or she must enter into a contract or
				  agreement of sale within a specific period of time, but not less than 30 days, or
				  the nonbinding reservation will expire and all deposit money will be refunded.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 8 - NONBINDING RESERVATION AGREEMENTS › Section 5:19-8.7 - Period of validity of certification

Current through Register Vol. 56, No. 14, July 15, 2024
The certification of an application to accept nonbinding
				  reservations shall be valid for a period of one year from the date of certification
				  unless an application for certification pursuant to N.J.A.C. 5:19-3 is submitted
				  during that time, in which event the certification of the application to accept
				  nonbinding reservations shall automatically be extended for the entire certification
				  period and may be further extended from time to time by the Department.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 9 - NOTICE OF RIGHTS › Section 5:19-9.1 - Provision of notice of rights

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each continuing care
				retirement facility is required to distribute to each resident not less than
				annually, a statement of residents' rights, entitled "Bill of Rights for Continuing
				Care Retirement Community Residents in Independent Living," as provided in P.L.
				2013, c. 167 (
52:27D-360.1
et al.) and any
				rules and regulations relating to residents' responsibilities and conduct.
1. This statement shall also be posted in a
				conspicuous public place in the facility and in any common room, recreation area, or
				dining room where residents gather, exclusive of hallways, stairwells, offices,
				restrooms, or other private areas.
2.
				The statement of residents' rights shall be prepared, distributed, and posted in a
				form approved by the Department. The facility shall inform each resident, a member
				of the resident's immediate family (but only at the resident's request), and the
				resident's legal representative, if applicable, of the resident's rights, provide
				explanations if needed, and ensure that each resident or legal representative of the
				resident has been encouraged to read the statement of residents' rights, and sign a
				copy of the statement to demonstrate that it has been read and understood.
3. The facility shall also be responsible for
				making this statement available to each resident (or the resident's legal
				representative) within a reasonable time upon request and without cost.
4. The facility shall be responsible for
				undertaking the actions in this section with respect to all new and existing
				residents. This shall be a continuing obligation of the facility and its operators,
				contractors, and principals. In particular cases, the Department in its discretion
				may require documentation of compliance.
5. The facility shall prepare, distribute, and
				post the "Bill of Rights for Continuing Care Retirement Community Residents in
				Independent Living" in a form approved by the Department. If a resident is visually
				impaired or otherwise unable to read the "Bill of Rights," the facility's obligation
				may be met by having a competent staff member personally read the "Bill of Rights"
				aloud to the resident and, if necessary, to a representative or family
				member.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 10 - CANCELLATION OF CONTINUING CARE AGREEMENT › Section 5:19-10.1 - Notice of cancellation of continuing care agreement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each resident may, upon 60-days' written
				notice, cancel the resident's continuing care agreement for any reason.
(b) Each resident shall be provided at least
				60-days' written notice from the facility if the resident's continuing care
				agreement is being cancelled due to a violation of the facility's rules or
				regulations. Notification may be waived if the facility can demonstrate just cause
				for terminating the continuing care agreement in accordance with
5:19-6.5(c)
.
				The resident may challenge the facility's notice of continuing care agreement
				cancellation by requesting a hearing in the same manner as for a hearing in a
				contested case pursuant to section 9 of P.L. 1968, c. 410 (
52:14B-9
). Any notice of
				cancellation by the facility shall include the following:
1. Specific factual representations constituting
				just cause, if any;
2. Notice of the
				resident's right to challenge the facility's notice of cancellation by requesting a
				hearing; and
3. Notice of the resident's
				right to a prompt full or partial refund of the resident's entrance fee to the
				extent provided in the continuing care agreement or as provided by law.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 10 - CANCELLATION OF CONTINUING CARE AGREEMENT › Section 5:19-10.2 - Refunds

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon cancellation of
				the continuing care agreement by either the resident or the facility, the resident
				shall have the right to receive a refund of the amount of any entrance fee as
				provided in the continuing care agreement or as otherwise provided by law. The
				amount of the entrance fee and the method of determining the amount refundable shall
				be set forth in a clear and conspicuous manner in the continuing care agreement.
1. When a resident permanently vacates the
				facility, or, in the case of two residents occupying the same residence, when both
				vacate at the same time, the facility shall provide to the resident or residents or
				the legal representative of the resident's estate, whichever is applicable, a refund
				of the refundable entrance fee amount without interest, as set forth in the
				agreement.
2. Any unpaid fees or charges
				incurred by the resident including unpaid monthly service fees, as well as the
				amount of any charitable assistance that the facility has provided to the resident,
				may also be deducted from the remaining balance of the refund of the entrance
				fee.
3. Any balance to the resident
				shall be payable within 60 days from the date the residence is resold and the
				entrance fee from the new resident has been received.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 11 - TRANSFER OF RESIDENTS › Section 5:19-11.1 - Transfer, reassignment of resident

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				resident may be temporarily or permanently assigned to an assisted living unit or a
				licensed nursing unit if the facility determines that the resident's physical or
				mental health requires that level of care. The determination shall be made in
				consultation with the resident's attending physician if available, the medical
				director, a member of the resident's immediate family but only at the resident's
				request, and the resident or legal representative of the resident.
(b) Transfer of a resident to a hospital of their
				choice may take place at the request of the resident or legal representative of the
				resident, or when deemed to be medically necessary by the director of medical
				services of the facility after consultation with both the resident's attending
				physician and the resident or legal representative of the resident.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 12 - NOTICES › Section 5:19-12.1 - Notices given by resident

Current through Register Vol. 56, No. 14, July 15, 2024
In the event that a resident is required or permitted to give
				  written notice to the facility as a condition of exercising any right under the
				  continuing care contract, the Act, or this chapter, the facility must honor any such
				  written notice, if the terms of the notice are reasonably clear and timely mailed or
				  delivered to the facility or a representative thereof. In addition to other forms of
				  actual or constructive notice, mailing or hand delivery to any management or
				  supervisory employee of the facility shall constitute valid notice. If the facility
				  requires such notices to be given on a particular form, the facility must make such
				  forms easily accessible and available to each resident. Failure to provide such
				  forms to the residents shall render invalid and moot any requirement for such a
				  form.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 12 - NOTICES › Section 5:19-12.2 - Notices given by the facility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the event that
				the facility is required or permitted to give written notice to a resident as a
				condition of exercising any right under the Act or this chapter, the facility shall
				provide such notices in clear, understandable language and suitable type, font, and
				format. The notice shall clearly specify the factual and legal basis for the notice
				and the particular regulatory, statutory, or contractual provision upon which it is
				based or permitted. In the event that the basis for the notice is subject to the
				resident's right to a hearing or an appeal, the particular procedural and time
				requirements thereof must be stated in the notice. Notices must be mailed, via
				certified mail, or express courier requiring a receipt or by hand-delivery to the
				resident and must also be sent via certified mail or express courier requiring a
				receipt to the resident's legal representative, if one has been
				designated.
(b) Notwithstanding (a)
				above, if a different form of notice or different method of service is required or
				permitted by applicable statute, regulation, or court ruling, the applicable
				statute, regulation, or court ruling shall govern.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 13 - ADMINISTRATION › Section 5:19-13.1 - Enforcing agency designated

Current through Register Vol. 56, No. 14, July 15, 2024
The Division of Codes and Standards in the Department of Community
				  Affairs shall administer and enforce these rules. Within the Division,
				  responsibilities for administration and enforcement of these rules shall be vested
				  in the Bureau of Homeowner Protection. All powers and responsibilities vested in the
				  Commissioner shall be executed by the Chief, Bureau of Homeowner Protection, with
				  the exception of the power to promulgate rules and the power to issue final
				  decisions in administrative hearings.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 13 - ADMINISTRATION › Section 5:19-13.3 - Rights to a hearing

Current through Register Vol. 56, No. 14, July 15, 2024
Any applicant aggrieved by an order or determination of the
				  Department issued under these rules shall be entitled to a hearing as provided by
				  law, provided a written request for such hearing is filed within 20 days of the
				  receipt of the order or determination. Hearing requests shall be addressed to the
				  Hearing Coordinator, Division of Codes and Standards, P.O. Box 802, Trenton, New
				  Jersey 08625-0802.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 13 - ADMINISTRATION › Section 5:19-13.4 - Conduct of hearing

Current through Register Vol. 56, No. 14, July 15, 2024
All hearings shall be conducted in accordance with the
				  Administrative Procedure Act, (52:14B-1 et seq.) and the
				  amendments thereto and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1-1 et
				  seq.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 13 - ADMINISTRATION › Section 5:19-13.5 - Consent orders

Current through Register Vol. 56, No. 14, July 15, 2024
The Department may, in its discretion, enter into any consent
				  order, stipulation or settlement in any matter.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 13 - ADMINISTRATION › Section 5:19-13.6 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) These rules shall be
				applicable as follows:
1. A facility which has
				fewer than 50 residents who are under continuing care agreements on the date of
				enactment of the Continuing Care Retirement Community Regulation and Financial
				Disclosure Act ( P.L. 1986, c. 103;
52:27D-330
et seq.) is not
				subject to the provisions of this Act; but this exclusion shall not apply if that
				facility increases the number of its residents under continuing care agreements to
				50 or more, after the date of enactment of this Act.
2. The requirements in this chapter that duplicate
				the requirements in the Bill of Rights for Continuing Care Retirement Community
				Residents in Independent Living Act ( P.L. 2013, c. 167;
52:27D-360.1
et al.),
				inclusive of the obligation of the facility to provide each resident with
				notification of the "Bill of Rights for Continuing Care Retirement Community
				Residents in Independent Living," were effective May 1, 2014, the effective date of
				this Act, irrespective of the time of inception of the contract or the population of
				the facility and apply to all continuing care retirement communities or other
				facilities or institutions providing such services as the same may be defined in
52:27G-2
.f or in
				52:27D-332.f.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 13 - ADMINISTRATION › Section 5:19-13.7 - Construction

Current through Register Vol. 56, No. 14, July 15, 2024
These rules shall be construed liberally to effectuate the
				  purposes of the Act and of these rules.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 13 - ADMINISTRATION › Section 5:19-13.8 - Waiver

Current through Register Vol. 56, No. 14, July 15, 2024
The Department may grant exemptions to these rules or any part
				  thereof when, in its opinion, the enforcement thereof is unduly burdensome or
				  impractical.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 13 - ADMINISTRATION › Section 5:19-13.9 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any provision of these rules or the application thereof to any
				  person or circumstances is held to be invalid, the invalidity shall not affect other
				  provisions or applications of these rules which can be given effect and to this end
				  the provisions of these rules are severable.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 21 - RESIDENTIAL SITE IMPROVEMENT STANDARDS › Subchapter 1 - GENERAL GUIDELINES › Section 5:21-1.1 - Title; division into subchapters

Current through Register Vol. 56, No. 14, July 15, 2024
(a) These rules shall be
				known as the "New Jersey Residential Site Improvement Standards" and are referred to
				herein as "the rules."
(b) This chapter
				consists of the following subchapters:
1. "General
				Provisions," which may be cited throughout the rules as N.J.A.C. 5:21-1 and when
				referred to in subchapter 1 of this chapter, may be cited as "this
				subchapter."
2. "Application and Review
				Procedures," which may be cited throughout the rules as N.J.A.C. 5:21-2 and when
				referred to in subchapter 2 of this chapter, may be referred to as "this
				subchapter."
3. "Exceptions, Waivers,
				and Special Area Standards," which may be cited throughout these rules as N.J.A.C.
				5:21-3 and when referred to in subchapter 3 of this chapter, may be referred to as
				"this subchapter."
4. "Streets and
				Parking," which may be cited throughout these rules as N.J.A.C. 5:21-4 and when
				referred to in subchapter 4 of this chapter, may be referred to as "this
				subchapter."
5. "Water Supply," which
				may be cited throughout these rules as N.J.A.C. 5:21-5 and when referred to in
				subchapter 5 of this chapter, may be referred to as "this subchapter."
6. "Sanitary Sewers," which may be cited
				throughout these rules as N.J.A.C. 5:21-6 and when referred to in subchapter 6 of
				this chapter, may be referred to as "this subchapter."
7. "Stormwater Management," which may be cited
				throughout these rules as N.J.A.C. 5:21-7 and when referred to in subchapter 7 of
				this chapter, may be referred to as "this subchapter."
8. "Referenced Standards," which may be cited
				throughout these rules as N.J.A.C. 5:21-8 and referred to in subchapter 8 of this
				chapter, may be referred to as "this subchapter."
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 21 - RESIDENTIAL SITE IMPROVEMENT STANDARDS › Subchapter 1 - GENERAL GUIDELINES › Section 5:21-1.2 - Authority

Current through Register Vol. 56, No. 14, July 15, 2024
These rules are promulgated by the Commissioner of the Department
				  of Community Affairs pursuant to the authority of P.L. 1993, c.32 (
				  40:55D-40.1 et seq.)
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 21 - RESIDENTIAL SITE IMPROVEMENT STANDARDS › Subchapter 1 - GENERAL GUIDELINES › Section 5:21-1.3 - Intent and purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) It is the intent and
				purpose of these rules:
1. To reduce the
				multiplicity of standards for residential subdivisions and site improvements which
				currently exists in this State in order to eliminate unnecessary increases in the
				cost of housing where there are noncommensurate gains in the protection of public
				health and safety;
2. To avoid
				unnecessary cost in the construction process, and to provide site improvement
				standards that are both sound and cost effective;
3. To ensure predictability in the site
				improvement standards applicable to residential construction;
4. To provide for development reviews of
				residential projects that are based, to the greatest extent possible, upon sound
				objective site improvement standards rather than upon discretionary design
				standards;
5. To streamline the
				development approval process and improve the efficiency of the application process
				by providing a uniform set of technical site improvement standards for land
				development;
6. To provide the widest
				possible range of design freedom and promote diversity through performance-oriented
				site improvement standards; and
7. To
				separate the policy-making aspects of development review from the making of
				technical determinations.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 21 - RESIDENTIAL SITE IMPROVEMENT STANDARDS › Subchapter 1 - GENERAL GUIDELINES › Section 5:21-1.5 - Scope and applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) These rules shall
				govern any site improvements carried out or intended to be carried out or required
				to be carried out in connection with any application for residential subdivision,
				site plan approval, or variance before any planning board or zoning board of
				adjustment created pursuant to the Municipal Land Use Law (
				40:55D-1 et seq.); or in connection
				with any other residential development approval required or issued by any
				municipality or agency or instrumentality thereof.
(b) Except as is otherwise specifically provided,
				these rules shall control all matters concerning the construction, alteration,
				addition, repair, removal, demolition, maintenance, and use of any site improvements
				constructed by a developer in connection with residential development. Except as
				otherwise required by rules or other permit requirements of the Department of
				Environmental Protection regarding storm water management, the rules are to be
				interpreted as the minimum required to ensure public health and safety, and the
				maximum that may be required in connection with residential development.
(c) These rules shall apply to all site
				improvement work and appurtenant construction including streets, roads, parking
				facilities, sidewalks, drainage structures, grading, and utilities which are
				undertaken by a developer in connection with residential development or use.
1. Where both residential and commercial
				development are planned in a mixed-use development, these rules shall apply to the
				residential part or parts of such development where such residential part or parts
				are discrete and separate from planned commercial parts as evidenced by, for
				example, separate building(s), separate parking, and separate access
				features.
2. These rules shall apply to
				all utilities created by or deriving their authority from municipal ordinance to
				operate within a given jurisdiction.
3.
				Choice among options contained in these rules shall be the applicant's unless
				otherwise specified in these rules.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 21 - RESIDENTIAL SITE IMPROVEMENT STANDARDS › Subchapter 1 - GENERAL GUIDELINES › Section 5:21-1.6 - Development over limestone geologic formations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A number of areas in
				northern New Jersey are underlain by solution-prone carbonate rocks (limestone,
				dolomite, and marble) which pose unusual and complex problems in relation to
				development activities. As such, these areas are quite sensitive to development
				improvements and may require special investigative, design, and construction
				techniques to protect both the eventual property owner as well as those in the
				immediate surroundings. It is not the intention of these site improvement standards
				to address such unusual subsurface conditions or to attempt to supersede definitive
				local ordinances addressing such concerns.
(b) Any proposed revisions to the standards
				established by the Site Improvement Advisory Board may be submitted for Board
				consideration by any municipality shown on the list set forth in the Appendix to
				this subchapter, incorporated herein by reference, or by any municipality where
				those materials are found to be present. Proposed revisions to the within standards
				shall be reviewed by the technical committee and recommended to the Site Improvement
				Advisory Board for approval.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 21 - RESIDENTIAL SITE IMPROVEMENT STANDARDS › Subchapter 1 - GENERAL GUIDELINES › Section 5:21-1.7 - Administration and enforcement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Wherever a
				municipality has enacted an ordinance which requires subdivision and/or site plan
				approval pursuant to
				40:55D-37, then the planning board of
				such municipality shall ensure that the plans and plats for any residential
				development subject to review under such ordinance comply with the requirements of
				these rules before issuing a preliminary or final approval.
(b) Whenever a zoning board of adjustment created
				pursuant to 40:55D-69 grants subdivision or site
				plan approval pursuant to the provisions of
				40:55D-76(b), then
				that board shall ensure that any plans and plats comply with the requirements of
				these rules before issuing a preliminary or final approval.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 21 - RESIDENTIAL SITE IMPROVEMENT STANDARDS › Subchapter 1 - GENERAL GUIDELINES › Section 5:21-1.8 - Approval

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All materials,
				equipment, and devices required to be approved by a board or official pursuant to
				5:21-1.7 shall be constructed and
				installed in accordance with such approval.
(b) The standards referenced in these rules and
				listed in N.J.A.C. 5:21-8 shall be considered a part of the requirements of these
				rules to the prescribed extent of each reference. Where differences occur between
				provisions of these rules and referenced standards, the provisions of these rules
				shall apply, except as provided in
				5:21-1.5(e).
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 21 - RESIDENTIAL SITE IMPROVEMENT STANDARDS › Subchapter 1 - GENERAL GUIDELINES › Section 5:21-1.9 - Violations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where any site
				improvement is required to meet any part of these rules pursuant to the requirements
				of any ordinance adopted pursuant to
				40:55D-37, Subdivision and Site Plan
				Review and Approval, or
				40:55D-62, Zoning, then any failure of
				any person to construct such site improvements in accordance with the requirements
				of these rules shall constitute a violation of the Municipal Land Use Law (
				40:55D-1 et seq.). Any person
				responsible for such failure shall be subject to such penalties and enforcement
				procedures as are provided by that law and by any valid ordinance adopted pursuant
				thereto which may be initiated by the administrative officer designated by the
				ordinance ( 40:55D-18 ).
(b) In addition to any remedy provided by (a)
				above, any failure to comply with the requirements of these rules, where compliance
				is required, shall constitute a failure to meet the conditions of the construction
				permit and/or certificate of occupancy issued pursuant to the State Uniform
				Construction Code Act (
				52:27D-119 et seq.). Notification from
				the approving authority or from the municipal engineer acting on behalf of the
				approving authority that any of the requirements of these rules that are conditions
				of the Construction Permit and/or Certificate of Occupancy have not been met shall
				subject any person responsible for such failure to the remedies provided under the
				State Uniform Construction Code Act.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 21 - RESIDENTIAL SITE IMPROVEMENT STANDARDS › Subchapter 1 - GENERAL GUIDELINES › Section 5:21-1.10 - Operative date

Current through Register Vol. 56, No. 14, July 15, 2024
(a) These rules shall be
				operative on June 3, 1997. The requirements of any municipal ordinances or rules
				adopted by any instrumentality deriving authority therefrom in effect on that date
				which establish rules or requirements for any matter within the scope of these
				regulations shall be deemed to have been repealed and of no further force or
				effect.
(b) Any project for which
				preliminary subdivision or site plan approval has been given prior to June 3, 1997
				shall continue to be subject to the municipal development ordinance under which it
				was approved.
(c) Any project for which
				application is made after June 3, 1997 shall be governed by these rules.
(d) These rules shall not be construed as
				requiring the revision or amendment of any application for site plan or subdivision
				approval which is pending on June 3, 1997. Such pending applications may, however,
				be amended provided that any such amendments shall meet the requirements of these
				rules.
1. For any project for which a completed
				application has been submitted on or before the operative date of these rules, but
				which has not yet received preliminary approval, the applicant shall have the option
				of amending the application in its entirety to comply with these rules or of
				requesting that the municipality continue to review the application under the
				municipal ordinances in effect at the time of application.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 21 - RESIDENTIAL SITE IMPROVEMENT STANDARDS › Subchapter 1 - GENERAL GUIDELINES › Section 5:21-1.11 - Validity

Current through Register Vol. 56, No. 14, July 15, 2024
If any provision of these rules or the application thereof to any
				  person or circumstances is held invalid, the invalidity shall not affect other
				  provisions or applications of the rules which can be given effect, and to this end
				  the provisions of the rules are severable.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 21 - RESIDENTIAL SITE IMPROVEMENT STANDARDS › Subchapter 1 - GENERAL GUIDELINES › Section 5:21-1.12 - Public meetings

Current through Register Vol. 56, No. 14, July 15, 2024
All meetings of the Board and of its committees shall be
				  conducted in accordance with the Open Public Meetings Act,
				  10:4-6 et seq. The Department shall
				  provide copies of meeting schedules, in accordance with
				  10:4-19, to any persons requesting such
				  copies. Any such copies shall include a summary of the matters to be discussed at
				  the meeting. Requests for such copies may be sent to the Secretary of the Site
				  Improvement Advisory Board, Division of Codes and Standards, PO Box 802, Trenton, NJ
				  08625-0802.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 21 - RESIDENTIAL SITE IMPROVEMENT STANDARDS › Subchapter 1 - GENERAL GUIDELINES › Appendix - APPENDIX

Current through Register Vol. 56, No. 14, July 15, 2024
NEW JERSEY MUNICIPALITIES LIMESTONE AREAS +
County
Municipality
Hunterdon
Alexandria Township
Hampton
						  Borough
Bethlehem Township
Holland Township
Bloomsbury Borough
Lebanon Township
Califon Borough
Tewksbury Township
Clinton Township
Union Township
Clinton Town
Morris
Chester Township
Mount Olive
						  Township
Jefferson Township
Mt. Arlington Borough
Mendham Township
Randolph Township
Mendham Borough
Rockaway Township
Minehill Township
Roxbury Township
Montville Township
Washington Township
Morris Township
Wharton Borough
Passaic
Bloomingdale Borough
Wanaque
						  Borough
Ringwood Township
West Milford Township
Somerset
Bedminster
						  Township
Peapack/Gladstone Borough
Far Hills Borough
Sussex
Andover Township
Lafayette
						  Township
Andover Borough
Montague Township
Branchville Borough
Newton Town
Byram Township
Ogdensburg Borough
Frankford Township
Sandyston Township
Franklin Borough
Sparta Township
Fredon Township
Stillwater Township
Green Township
Vernon Township
Hamburg Borough
Walpack Township
Hampton Township
Wantage Township
Hardyston Township
Warren
Allamuchy Township
Independence
						  Township
Alpha Borough
Knowlton Township
Belvidere Township
Liberty Township
Blairstown Township
Lopatcong Township
Franklin Township
Mansfield Township
Frelinghuysen Township
Oxford Township
Greenwich Township
Phillipsburg Township
Hackettstown Town
Pohatcong Township
Hardwick Township
Washington Township
Harmony Township
Washington Borough
Hope Township
White Township
+ Listing established by the Department of
						  Environmental Protection,
Division of Science and Research (April
						  1995)
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 21 - RESIDENTIAL SITE IMPROVEMENT STANDARDS › Subchapter 2 - APPLICATION AND REVIEW PROCEDURES › Section 5:21-2.1 - Application and review procedures

Current through Register Vol. 56, No. 14, July 15, 2024
The procedure for municipal review and action on applications for
				  residential subdivisions and/or site plans shall not be affected by anything
				  contained in these rules, and shall continue to be as set forth in the Municipal
				  Land Use Law (MLUL),
				  40:55D-1 et seq. and in municipal
				  ordinances adopted pursuant to the MLUL. This review shall include a review for
				  compliance with these rules.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 21 - RESIDENTIAL SITE IMPROVEMENT STANDARDS › Subchapter 3 - EXCEPTIONS, WAIVERS, AND SPECIAL AREA STANDARDS › Section 5:21-3.1 - Exceptions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The municipal approving authority may grant by
				resolution of the planning board or zoning board of adjustment such de minimis
				exceptions from the requirements of the site improvement standards as may be
				reasonable and within the general purpose and intent of the standards if the literal
				enforcement of one or more provisions of the standards is impracticable or will
				exact undue hardship because of peculiar conditions pertaining to the development in
				question.
(b) An application for an
				exception pursuant to this section shall be filed in writing with the municipal
				approving authority and shall include:
1. A
				statement of the requirements of the standards from which an exception is
				sought;
2. A statement of the manner by
				which strict compliance with said provisions would result in practical difficulties;
				and
3. A statement of the nature and
				extent of such practical difficulties.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 21 - RESIDENTIAL SITE IMPROVEMENT STANDARDS › Subchapter 3 - EXCEPTIONS, WAIVERS, AND SPECIAL AREA STANDARDS › Section 5:21-3.2 - Waiver request

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A municipality or
				developer may, in connection with a specific development, request a waiver of any
				site improvement standard adopted under this chapter in accordance with
				40:55D-40.4(c). A
				waiver request may also be made jointly by a municipality and a developer.
(b) The Site Improvement Advisory Board may
				approve a request for a waiver based on any danger to public health and safety that
				would be caused by adherence to a standard specified in this chapter.
(c) The waiver request shall consist of the
				following:
1. A copy of the development
				application as submitted to the municipal approving authority; and
2. A brief memorandum to the Commissioner of the
				Department of Community Affairs containing sufficient information upon which to base
				a determination, including:
i. A short description
				of the project in narrative form;
ii. A
				citation to the particular site improvement standard from which waiver is
				requested;
iii. A clear description of
				the condition(s) giving rise to the request;
iv. A clear description of the anticipated result
				if the standard were to be followed;
v.
				The name, address, and telephone number of a contact person for the developer;
				and
vi. The name, address, and telephone
				number of a contact person for the municipal approving authority.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 21 - RESIDENTIAL SITE IMPROVEMENT STANDARDS › Subchapter 3 - EXCEPTIONS, WAIVERS, AND SPECIAL AREA STANDARDS › Section 5:21-3.3 - Waiver review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commissioner
				shall review the waiver request to determine whether it appears on preliminary
				review that adherence to a particular standard would jeopardize the public health
				and safety.
1. If the waiver request on its face
				does not meet the requirements of this subsection, the Commissioner shall contact
				the requesting party within 20 days of receipt of the request and advise the
				requesting party of the waiver request rejection. Grounds for rejection shall be
				indicated in writing.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 21 - RESIDENTIAL SITE IMPROVEMENT STANDARDS › Subchapter 3 - EXCEPTIONS, WAIVERS, AND SPECIAL AREA STANDARDS › Section 5:21-3.4 - Appeal of waiver decisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any decision of the
				technical committee may be appealed to the Site Improvement Advisory Board. The
				party wishing to appeal shall notify the Board of its intention to appeal within 10
				business days from receipt of the resolution memorializing the technical committee's
				decision. The Board shall hear appeals in a public session at regularly scheduled or
				special meetings announced in compliance with the Open Public Meetings Act (see
				10:4-6 et seq.).
(b) For each hearing, the Site Improvement
				Advisory Board shall designate, by simple majority of the members present, a voting
				member of the Board to serve as presiding officer.
(c) Any documents and materials constituting the
				appeal shall be available for public inspection at the Department of Community
				Affairs, Division of Codes and Standards during normal business hours at least 10
				days before the date of the hearing. Other documents, records, or testimony may be
				produced at the hearing to clarify or supplement materials previously
				submitted.
(d) The hearings shall be
				informal. Rules of evidence shall not apply, but the presiding officer may exclude
				irrelevant, immaterial, or unduly repetitious evidence.
(e) The testimony of all witnesses in a waiver
				appeal shall be under oath or affirmation and shall be recorded verbatim either
				mechanically or stenographically. Transcripts may be obtained at the expense of the
				requesting party and shall be certified by the transcriber to be accurate.
(f) The Site Improvement Advisory Board shall
				render a final decision within 10 days of the hearing. The Board's decision shall be
				in writing, and shall contain findings and conclusions. The Board shall mail a copy
				of the decision to the developer and to the municipal approving authority.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 21 - RESIDENTIAL SITE IMPROVEMENT STANDARDS › Subchapter 3 - EXCEPTIONS, WAIVERS, AND SPECIAL AREA STANDARDS › Section 5:21-3.5 - Special area standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commissioner and
				the Site Improvement Advisory Board as a matter of policy recognize the need for
				preservation and/or enhancement of community character in New Jersey municipalities.
				This section is intended to provide a procedure whereby a municipal approving
				authority may develop and recommend to the Board supplementary and/or alternative
				standards in the form of municipal ordinances for review and amendment to this
				chapter. The Site Improvement Advisory Board shall solicit the input of the
				Department of Environmental Protection, the Office of Smart Growth, and the
				Department of Transportation, and may solicit input from public or private
				organizations and individuals as it deems appropriate during the process of review
				of special area standards.
(b) A special
				area designation may be applied by ordinance by a municipality or group of
				municipalities to an area or areas of a municipality or municipalities exhibiting or
				planned to exhibit a distinctive character or environmental feature that the
				municipality or municipalities by ordinance have identified and expressed a desire
				to preserve and enhance. Examples of a special area may include:
1. Designated redevelopment areas pursuant to
				40A:12A-1 et seq.;
2. Designated special improvement districts
				pursuant to 40:56-65 et seq.;
3. Designated historic districts pursuant to
				40:55D-65.1;
4. Municipalities in the Metropolitan Planning
				Area (Planning Area 1), and Regional Centers, villages, hamlets, or other Centers
				identified by the State Development and Redevelopment Plan or designated by the
				State Planning Commission;
5. Infill
				areas in urban settings;
6. Planned unit
				and planned unit residential developments, and residential clusters pursuant to
				40:55D-39;
7. Areas where environmental systems such as
				watersheds may require special environmental controls;
8. Designated scenic corridors, pursuant to the
				Intermodal Surface Transportation Efficiency Act or other similar State or local
				initiatives; and
9. Rural preservation
				areas including, but not limited to, designated Agricultural Development Areas,
				pursuant to N.J.S.A. 4:1C, and in support of the rural preservation policies of the
				State Development and Redevelopment Plan.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 21 - RESIDENTIAL SITE IMPROVEMENT STANDARDS › Subchapter 3 - EXCEPTIONS, WAIVERS, AND SPECIAL AREA STANDARDS › Section 5:21-3.6 - Agreement to exceed standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A standard set forth
				in these rules may be exceeded when both the developer and the municipal approving
				authority agree that such exceeding of a standard is desirable under the specific
				circumstances of a proposed residential development.
(b) Any agreement between developer and municipal
				approving authority to exceed a standard set forth in these rules shall be placed in
				writing by the developer.
(c) The
				developer shall transmit forthwith to the Department notification of each agreement
				with a municipal approving authority to exceed any of the standards set forth in
				these rules.
(d) The Department shall
				review each agreement between a developer and a municipal approving authority
				wherein they mutually agree to exceed a standard otherwise set forth in the
				Residential Site Improvement Standards. Each such agreement shall be reviewed for
				consistency with the intent and purpose of the Act and these rules.
(e) The Department shall apprise the Site
				Improvement Advisory Board periodically of all agreements to exceed the standards,
				together with a summary of the review described in (d) above for each such
				agreement.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 21 - RESIDENTIAL SITE IMPROVEMENT STANDARDS › Subchapter 4 - STREETS AND PARKING › Section 5:21-4.1 - Street hierarchy

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Streets shall be
				classified in a hierarchy with design tailored to function. The street hierarchy
				definitions contained within this section are applicable only to local residential
				streets and are not to be considered related to the U.S. Department of
				Transportation, Federal Highway Administration's Functional Classification of
				Highways.
(b) The street hierarchy
				system shall be defined by road function and average daily traffic (ADT), calculated
				by trip generation rates from the current edition of "Trip Generation" by the
				Institute of Transportation Engineers, as indicated in Table 4.1 below. Trip
				generation rates from other sources may be used if the applicant demonstrates to the
				appropriate approving authority that these sources better reflect local conditions.
				In addition, the applicant shall investigate the opportunities for, and availability
				of, transit facilities and, if appropriate, consider their impact(s) on motor
				vehicle traffic trip generation rates per dwelling unit.
(c) Each residential street shall be classified
				and designed to meet the standards for one of the street types defined in Table 4.2
				below. The entire length of the street need not be designed based on the highest ADT
				where the ADT varies along the street's length. However, each street segment between
				intersections shall be designed based on the highest ADT served in that
				segment.
(d) The municipality and the
				developer shall determine the highest order street required to be used in a given
				residential development, considering all of the following:
1. The size of the development (number and type of
				units). For example, using size to determine the highest order of street required, a
				development of up to 150 single-family detached units would not require any minor
				collectors or streets of a higher order;
2. The actual or potential development of adjacent
				sites (whether there is likely to be traffic passing through from neighboring
				developments). A "potential" development means a development having approvals
				granted, applications pending, or undergoing preliminary review; and
3. The streets proposed for that area, if any, as
				contained in the municipal master plan.
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New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 21 - RESIDENTIAL SITE IMPROVEMENT STANDARDS › Subchapter 4 - STREETS AND PARKING › Section 5:21-4.3 - Curbs or curbs and gutters

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Curbs or curbs and
				gutters shall be used for drainage purposes, safety, and delineation and protection
				of pavement edge. Where, based on stormwater management system design, there is
				determined to be a problem with runoff, curbs or curbs and gutters shall be
				used.
(b) Curb requirements shall vary
				according to street hierarchy and intensity of development, in accordance with the
				requirements set forth in Table 4.3 in
				5:21-4.2. Generally, curbs shall be
				required on streets with on-street parking.
(c) Where curbing is not required, edge definition
				and stabilization shall be furnished for safety reasons, and to prevent pavement
				unraveling. Curbing may be required for: stormwater management, road stabilization,
				delineation of parking areas, 10 feet on each side of drainage inlets,
				intersections, corners, and tight radii.
(d) Curb requirements may be waived by the
				appropriate municipal approving agency, and shoulders and/or drainage swales used
				when it can be shown that: shoulders are required by CAFRA; soil and/or topography
				make the use of shoulders and/or drainage swales preferable; and/or the community
				desires to preserve its rural character by using shoulders and/or drainage swales
				instead of curbs. In cases of medium development intensity, the curbing requirement
				may be waived where front setbacks exceed 40 feet and it can be demonstrated that
				sufficient on-site parking exists.
(e) A
				municipality may designate a curb type by ordinance. Where curb type is not
				established by municipal ordinance, flexibility regarding curb type shall be
				permitted as long as the curb type accommodates the system of drainage proposed.
				Generally, curbs should be constructed of concrete or granite block. Curbing
				materials shall accommodate the purposes set forth in (c) above.
(f) Curbs shall be constructed according to the
				specifications set forth in
				5:21-4.17.
(g) Curbing shall be designed to provide a curb
				ramp in compliance with the Americans with Disabilities Act or the Barrier Free
				Subcode of the New Jersey Uniform Construction Code (N.J.A.C. 5:23-7 ) at street
				intersections, as applicable.
(h) Where
				curbs and gutters are used and where the street is part of a designated bike route
				as indicated in the bicycle circulation part of the municipal master plan, the
				municipality may require that the cartway width be increased by one foot on each
				side of a street that uses a curb and gutter.