N.J. Admin. Code § 19:4-4.5

Current through Register Vol. 56, No. 9, May 6, 2024

Section 19:4-4.5 - Review and approval of application for zoning certificate

(a) Within 10 working days after receipt of a zoning certificate application that is administratively complete per 19:4-4.3, the NJMC shall review the items submitted as specified in 19:4-4.4, and determine if the application is technically complete and in compliance with the applicable regulations.

(b) If the application is deemed to be technically incomplete, the NJMC shall advise the applicant, in writing, of the deficiencies.

(c) The site plan, and any report(s) submitted in support of the application, shall be reviewed to determine if the proposal complies with the following, unless relief has otherwise been previously granted:

1. The application and the development proposed therein comply with the applicable requirements of these regulations;

2. Concerning transportation:

i. The traffic circulation system, both on site and off site, and parking and loading facilities are adequate for the proposed use and designed to promote maximum safety, including the provision of adequate and efficient access to existing roadways and for emergency equipment;

ii. Compliance with the requirements of 19:4-7.1 0, Performance standards; traffic; and

iii. Compliance with the requirements of N.J.A.C. 19:7, District Transportation Plan Rules.

3. The proposed drainage system will be adequate for the proposed development; and

4. The development will not adversely affect any adjoining existing or potential development.

(d) If the application is not in compliance with (c) above, the NJMC shall advise the applicant, in writing, of the deficiencies.

(e) If the application is in compliance with (c) above, the Chief Engineer shall sign and issue a zoning certificate. The Chief Engineer's approval shall constitute the approval of the NJMC without further action required by the Board of Commissioners. The zoning certificate shall be sent to the applicant with a copy to the municipality in which the development is located.

(f) The zoning certificate so issued shall be deemed to incorporate the approved application, and any violation or departure from the approved application during construction of the facilities and structures therein shown shall be deemed a violation of these regulations as provided in 19:4-4.2 1. A substantial departure from the approved application as depicted on as-built plans when required by 19:4-4.7 shall also be deemed a violation of these regulations.

(g) Multiple applications for zoning certificate approval for a specific property depicting alternate development scenarios shall not be considered by the NJMC. In cases where a zoning certificate application is made for development significantly different from a prior valid zoning certificate application or approval, as determined by the Chief Engineer, the prior application or approval shall be superseded by the new application. This provision shall not apply to zoning certificate applications for signs, fences/gates, site improvements, tanks, antennae, transmission towers and associated utility structures, recycling and/or refuse areas, loading doors, compactor and concrete utility pads, fill/stockpile operations, salt storage areas, construction trailers, guard shacks, storage sheds with a floor area of less than 400 square feet, remediation activities, temporary uses, and external mechanical equipment.

(h) As a condition precedent to the granting of approval of the application for a zoning certificate, an escrow deposit may be required and such deposit may be used in accordance with 19:4-4.2 0.

N.J. Admin. Code § 19:4-4.5

Amended by R.2009 d.11, effective 1/5/2009.
See: 40 N.J.R. 3971(a), 41 N.J.R. 288(b).
Added new (c)2; recodified former (c)2 as (c)2i; and added (c)2ii and (c)2iii.
Amended by R.2009 d.40, effective 1/20/2009.
See: 40 N.J.R. 4696(a), 41 N.J.R. 624(b).
Rewrote (e); added new (g); and recodified former (g) as (h).