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Bernardsville City Zoning Code

§ LD-12-29.4

Waivers and Exceptions.

[Amended 4-29-2024 by Ord. No. 2024-1998; 9-23-2024 by Ord. No. 2024-2005]
a. 
Standards for Relief of Minor Development.
1. 
Waivers from strict compliance with the design standards for minor development shall only be granted upon showing that meeting the standards would result in an exceptional hardship on the applicant or that the benefits to the public good of the deviation from the standards would outweigh any detriments of the deviation. A hardship will not be considered to exist if reasonable reductions in the scope of the project would eliminate the noncompliance.
2. 
If the review agency for the project determines that a waiver is appropriate, the applicant must execute mitigation. The scope of the mitigation shall be commensurate with the size of the project and the magnitude of relief required. The mitigation project may be taken from the list of projects in the Municipal Stormwater Management Plan or another project identified by the applicant. In lieu of undertaking a specific mitigation project, a monetary contribution may be made to the Municipality for funding toward a municipal stormwater control project, subject to the approval of the review agency. All mitigation projects are subject to the approval of the Municipal Engineer.
b. 
Standards for relief of Major Development. Waivers from strict compliance with the design and performance standards for major development shall meet the requirements N.J.A.C. 7:8-4.6.
c. 
Review Agency. All applications subject to the review of the Planning Board or Board of Adjustment shall be reviewed by those Boards concurrently with subdivision or site plan review. Applications not subject to Planning Board or Board of Adjustment review shall be reviewed by the Borough Engineer.
d. 
Appeals. The appeal of the determination of the Borough Engineer shall be made in accordance with N.J.S.A. 40:55D-70a.