Current through Register Vol. 56, No. 24, December 18, 2024
(a) For any of the applications listed at
N.J.A.C.
7:13-19.1(a), the applicant
shall provide a copy of the entire application, as submitted to the Department,
to the municipal clerk in each municipality in which the site is located.
1. For applications submitted electronically,
the applicant shall provide to the applicable municipal clerk(s) a description
of the project, the specific permit(s)/authorization(s) being sought, and all
items that will be uploaded to the online service, including all required items
on the appropriate application checklist.
(b) For any of the applications listed in
N.J.A.C.
7:13-19.1(a), the applicant
shall provide notice of the application to all of the persons or entities at
(b)1 through 6 below, in accordance with the timeframe specified at
N.J.A.C.
7:13-19.2. The notice shall include the
information specified at (d) below.
1. The
construction official of each municipality in which the site is
located;
2. The environmental
commission, or other government agency with similar responsibilities, of each
municipality in which the site is located;
3. The planning board of each municipality in
which the site is located;
4. The
planning board of each county in which the site is located;
5. The local Soil Conservation District if
the regulated activity or project will disturb 5,000 square feet or more of
land; and
6. All owners of real
property, including easements, located within 200 feet of the property boundary
of the site in the manner set forth in the Municipal Land Use Law at
N.J.S.A. 40:55D-12.b, unless the delineation,
regulated activity, or project is one of those listed at (c)1 through 5 below,
in which case the notice shall be provided as set forth in (c) below. The
owners of real property, including easements, shall be those on a list that was
certified by the municipality. The date of certification of the list shall be
no earlier than one year prior to the date the application is submitted to the
Department.
(c) If the
application is for a delineation, regulated activity, or project listed at (c)1
through 6 below, the applicant shall provide the notice required at (b)6 above
by publishing newspaper notice in accordance with
N.J.A.C.
7:13-19.4 and, in addition, sending the
notice at (d) below, in the manner set forth in the Municipal Land Use Law at
N.J.S.A. 40:55D-12.b, to all owners of real property,
including easements, within 200 feet of any proposed above ground structure
that is part of the proposed regulated activity or project, excluding any
conveyance lines suspended above the ground or small utility support structures
such as telephone poles.
1. A delineation of
one-half mile or longer of a regulated water;
2. A mosquito control activity subject to
general permit 2 at
N.J.A.C.
7:13-9.2;
3. A linear project of one-half mile or
longer;
4. A public project on a
site of 50 acres or more;
5. An
industrial or commercial project on a site of 100 acres or more; or
6. A project to remove sediment or debris
from a channel of one-half mile or longer.
(d) The public notice required at (b) and (c)
above, other than newspaper notice, shall:
1.
Include all of the following:
i. A brief
description of the proposed delineation, regulated activity, or
project;
ii. A site plan, showing
the location and boundaries of the site and depicting the proposed delineation,
regulated activity, or project in relationship to existing site conditions.
This need not be a full set of plans and may be shown on one 8 1/2 inch by 11
inch sheet of paper provided the scale is legible and the location of the
delineation, regulated activity, or project in relation to the property
boundary is clearly shown; and
iii.
A copy of the form notice letter, available from the Department's website as
set forth at
N.J.A.C.
7:13-1.3. The form notice letter explains
that: an application will be submitted to the Department for the specific
delineation, regulated activity, or project depicted on the enclosed site plan;
a complete copy of the application is available to be reviewed at either the
municipal clerk's office or by appointment at the Department's Trenton Office;
and comments or information on the proposed delineation, regulated activity, or
project and site may be submitted to the Department at the address set forth at
N.J.A.C.
7:13-1.3 within 15 calendar days of receipt of
the letter; and
2. Be
sent by certified mail or by delivery whereby the signature of the person to
whom the notice is delivered is obtained, except that an applicant may obtain
written permission from the specific municipal or county entity to submit
notice to it electronically.
(e) In addition to the information required
at (d) above, the public notice for an application for an individual permit
based on a hardship exception pursuant to
N.J.A.C.
7:13-15.1 shall also include:
1. A description of the nature of the
hardship; and
2. The citation and
subject matter of each requirement in this chapter for which the hardship
exception is being requested.
(f) An application for a verification,
authorization under a general permit, individual permit, or major technical
modification for a delineation, regulated activity, or project in the Pinelands
Area as designated under the Pinelands Protection Act at
N.J.S.A. 13:18A-11.a shall provide public notice to
the New Jersey Pinelands Commission as follows:
1. For an application for an authorization
under a general permit, an individual permit, or a verification in accordance
with N.J.A.C.
7:13-18.5(a), a description
of the project, including the lot, block, municipality, and county, and the
specific permit(s)/authorization(s) being sought; or
2. For an application for a verification in
accordance with
N.J.A.C.
7:13-18.5(b) or a major
technical modification, a copy of the completed application form as submitted
to the Department.
