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Long Hill Township City Zoning Code

§ LU-143.6

Waiver of Requirements.

[Ord. No. 68-00 § 1; Ord. No. 90-01 § 2; Ord. No. 115-2002 § 1; Ord. No. 119-2002 § 1; Ord. No. 424-2018]
a. 
The approving authority may waive the requirements for a development permit in the following cases provided that the special flood hazard area or areas will not be disturbed by the proposed development and further provided that such waiver is recommended by the Township Engineer.
1. 
Single family detached homes on existing lots of record, provided that the areas of special flood hazard included within the parcel for which a development permit is required do not exceed 10% of the total development parcel or are located entirely within the required side and rear yard setback areas.
2. 
Elevated septic systems authorized by Subsection 143.8c.
b. 
No formal application and no application fee shall be required for a waiver of requirements under Subsection a above.
c. 
Sufficient information for a waiver determination must be submitted to the Township Engineer, and the approving authority shall not take any action on a waiver request until the recommendation of the Township Engineer has been made.
d. 
The Township Engineer may issue an administrative waiver of the requirements for a development permit in the following cases:
1. 
The proposed development involves an existing or planned detached single-family residence, two-family residence or accessory structure; and
2. 
The proposed development does not require approvals or permits from the New Jersey Department of Environmental Protection, Township Planning Board or Township Zoning Board of Adjustment.
e. 
The Township Planning Board and Zoning Board of Adjustment may waive the requirements for development permit when no development is proposed within the 100-year flood plain.
f. 
Applications for a waiver of the requirements for a development permit shall be accompanied by the application fee and escrow deposit required by Subsection 181.1c of the Township Land Use Ordinance. Required escrow shall be deposited at the time of filing an application in order to cover the cost of professional services incurred by the Township during the application review process.
In the event that an administrative waiver of the requirements for a development permit is not granted and review and approval by the Township Planning Board or Zoning Board of Adjustment is required, all provisions of Section 143 of the Township Land Use Ordinance shall apply.