New Jersey Administrative Code
Title 16 - TRANSPORTATION
Chapter 62 - AIR SAFETY AND ZONING
Subchapter 6 - PERMIT FOR CREATION OR EXPANSION OF A PROHIBITED LAND USE OR VERTICAL HEIGHT DEVELOPMENT WITHIN AN AIRPORT SAFETY ZONE
Section 16:62-6.4 - Permit review procedures
Current through Register Vol. 56, No. 6, March 18, 2024
(a) For routine applications, review of an application shall be completed by the Division within 90 days of the date on which an application is accepted as complete.
(b) Non-routine cases, requiring the review or approval of a Federal agency or another State agency prior to issuance of a permit, shall be conducted in as timely a fashion as possible. The Director shall notify the applicant of a delay in the review process necessitated by another agency's involvement. The notification shall be provided prior to 80 days following the date of acceptance of a complete application, and shall include an estimate of the date by which a completion of the review process can be anticipated.
(c) For routine cases not requiring review by other agencies, the Division may, at its discretion, extend the 90-day review period by 30 days if determined necessary to complete the review process. The applicant and affected municipality shall be notified of this extension by the Department at least 15 days prior to the expiration of the 90-day period.
(d) Following review of an application by the Division, the Director shall determine whether to recommend to the Commissioner that the permit be granted or denied.
(e) If the Director recommends denial, the applicant and municipal agency will be notified within five working days of the date of decision. An applicant who has been so notified by the Director may request an appeal before the Office of Administrative Law pursuant to 52:14B-1 et seq. and N.J.A.C. 1:1. The applicant shall notify the Division by certified mail within 14 calendar days of notification of denial that an appeal will be forwarded to the Office of Administrative Law.
(f) Pursuant to 52:14B-1 et seq. and N.J.A.C. 1:1, a final determination to either deny or grant the permit application will be made by the Commissioner subsequent to the filing of an Initial Decision by the Administrative Law Judge who conducted the hearing.
