New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY MEADOWLANDS COMMISSION › Chapter 4 - DISTRICT ZONING REGULATIONS › Subchapter 3 - APPLICATION OF REGULATIONS › Section 19:4-3.2 - Exemptions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  following, except as otherwise provided, shall be exempt from these
				  regulations:
1. Maintenance, repair, or
				  replacement work within municipal, county, and State ROW's or on railroad
				  tracks, signals, bridges, and similar facilities and equipment located in a
				  railroad ROW;
2. Maintenance,
				  repair, or replacement of existing utility structures or the installation of
				  new underground utility structures within utility easements where such work is
				  conducted by the utility company or authorized representative;
3. Development and improvement plans proposed
				  or sponsored by the NJMC;
4.
				  Whenever the governing body of a constituent municipality has enacted zoning
				  ordinances and any other codes or standards that are consistent with, or will
				  effectuate the purposes of, the NJMC Master Plan, that municipality may make
				  final land use decisions within the municipality with respect to applications
				  made concerning individual/detached one-, two- or three-family residences in
				  the Low Density Residential zone. These decisions shall include, but not be
				  limited to, variances, certificates of occupancy, plan review, building
				  permits, and site approvals. Whenever a municipality shall make a zoning and/or
				  land use decision pursuant to this subsection, a copy of the decision, the
				  application and any other pertinent information shall be forwarded to the NJMC
				  within 10 working days of the final action. The foregoing does not apply to
				  subdivisions involving the creation of new streets;
5. Municipal projects, located on land owned
				  by a municipality, provided that the following conditions are met:
i. The governing body and planning board of
				  the municipality have entered into a Memorandum of Understanding (MOU) with the
				  NJMC, and remain in compliance with the MOU, agreeing that municipal projects
				  shall comply with applicable NJMC zoning regulations and that review of the
				  project by the municipality shall utilize NJMC standards;
ii. The municipal project has been reviewed
				  by the municipal planning board, which has certified to the NJMC that the
				  project is in compliance with all applicable NJMC zoning regulations;
iii. A complete copy of the plans for the
				  municipal project, and a certification of the planning board, have been sent to
				  the NJMC for review, and the NJMC has not notified the municipality within 45
				  days of the receipt thereof of any objection to the project; and
iv. At the completion of the construction of
				  the project, the municipal zoning officer has certified to the NJMC that the
				  project has been constructed in accordance with approved plans; and
6. Site improvements on property
				  resulting from land acquisition by a public entity for a public project,
				  provided that such site improvements shall consist only of the improvements
				  required to restore functional use of the property, as determined by the
				  NJMC.