New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 45 - RULES FOR THE REVIEW ZONE OF THE DELAWARE AND RARITAN CANAL STATE PARK
Subchapter 4 - INDIVIDUAL APPROVALS
Section 7:45-4.1 - Issuance of an individual approval

Universal Citation: NJ Admin Code 7:45-4.1

Current through Register Vol. 56, No. 24, December 18, 2024

(a) Construction, disturbance, or pre-construction earth movement is prohibited on any project prior to issuance of the Commission's individual approval, which shall be issued within 10 days of the Notice of Decision approving an application and receipt of the proof of filing of any required easement as provided in (h) below.

(b) The individual approval may contain conditions imposed by the Commission to be carried out during or post construction. Failure to comply with any provision or any condition imposed in an individual approval shall render the approval null and void.

(c) The holder of the approval shall not deviate from the approved plans and any deviation shall render the approval null and void if the Commission determines that the deviation measurably alters the character of the project or impairs the intent of either the Master Plan or this chapter.

(d) The holder of the approval shall allow the Commission or its authorized agent access to the project site to inspect the project and otherwise determine compliance with the approval and this chapter.

(e) Except as provided in (f) and (g) below, the approval shall remain valid for five years from the date of approval and shall not be extended.

1. If some regulated activities have occurred onsite prior to the expiration of the original individual permit, a new individual permit shall be issued only if the project is revised where necessary to comply with the requirements of this chapter in effect when the new application is submitted; and

2. If some regulated activities have occurred onsite prior to the expiration of the original individual permit, a new individual permit shall be issued only if the project is revised where feasible to comply with the requirements of this chapter in effect when the new application is submitted. In determining the feasibility of compliance with the current requirements of this chapter, the Commission shall consider the amount of construction that was completed onsite prior to the permit expiration, as well as whether continuing construction as originally approved would constitute an adverse impact on flooding or the environment.

(f) An individual approval for a public roadway, railroad, or flood control project is valid for 10 years from the date of approval, provided the applicant is a public entity and the applicant demonstrates that the size and scope of the project is likely to prevent the completion of the project within a five-year period.

(g) An individual approval shall lapse if the municipal permits or approvals for the project expire, lapse, or are revoked within the five-year period.

(h) When the Commission's Notice of Decision requires an easement affecting some or all of the property on which a project is located, an approval shall not be issued until the easement has been approved by the Commission and until proof is submitted to the Commission of the recording of such easement in the office of the appropriate County Clerk or Registrar of Deeds. Such proof shall consist of a copy of the first page of the easement with the County Clerk or Registrar of Deeds stamp, itemizing the number of pages that have been recorded. The applicant shall provide a complete copy of the recorded instrument within six months of the issuance of the instrument number.

(i) The holder of the approval shall notify the Commission at least 10 days prior to start of construction.

(j) The holder of the approval shall notify the Commission within 10 days of the completion of the construction or issuance of the permanent or temporary Certificate of Occupancy for the project.

(k) Within three months of the issuance of the permanent Certificate of Occupancy for the project, the holder of the approval shall submit a certificate from a licensed engineer stating that the project was built in accordance with the plans upon which the approval was based.

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