N.J. Admin. Code § 16:41C-6.3

Current through Register Vol. 56, No. 11, June 3, 2024

Section 16:41C-6.3 - Application review and permit

(a) Applications shall be reviewed and evaluated for conformance with the provisions of this chapter.

1. The review of an application and all hearings and appeals related thereto, shall evaluate the following factors as they existed at the time when the Department received the complete application:

i. The ownership of the property; and

ii. The zoning of the property.

2. If an application proposes to establish the conformance of a proposed sign by the cancellation, transfer, or modification of an existing permit, the review shall consider those changes only if the holder of the existing permit has consented in writing to those changes.

(b) When the Department determines that an application meets the provisions of this chapter, it shall issue a notice of approval to the applicant, deeming the application approved. The notice shall state the terms of approval and indicate any limitations or requirements thereto and shall require the payment of annual permit fees as specified in 16:41C-7.2. If the Department determines that an application does not comply with the provisions of this chapter it shall issue a notice of denial to the applicant.

(c) Upon the satisfaction of any requirements of the notice of approval, other than those set forth in (f) below, and payment of the annual permit fee as specified in N.J.A.C. 16:41C-7.2, the Department shall assign a permit number and issue an outdoor advertising permit letter indicating the approval by the Department for the applicant to erect, maintain, or use a sign of the particular type and at the specific location described on the approved application. This permit letter, the approved application, and the notice of approval shall together constitute the outdoor advertising permit.

(d) The initial permit shall be valid from its date of issuance to the following May 15, except that if the permit is issued after the Department has issued renewal invoices pursuant to 16:41C-6.5, but before the following May 15, the permit shall be valid from its date of issuance to the second following May 15. For example, a permit issued on February 1, 2015, prior to the Department's issuance of renewal invoices on or about March 20, 2015, will expire on May 15, 2015; a permit issued on April 1, 2015, after the issuance of renewal invoices will expire on May 15, 2016.

(e) Except as provided in (f) below, all permits shall be issued with the condition that the sign shall not be constructed until the following requirements are satisfied:

1. When the permit applicant is a public entity including, but not limited to, any State, county, or local department, agency, board, commission, authority, or instrumentality, and the sign is to be erected on land owned or controlled by a public entity, the permit applicant shall refer the matter to the planning board or zoning board of the municipality within which the land is located for a public hearing, affording the opportunity for public comment.

2. When the permit applicant is a private entity, and the sign is to be erected on land owned or controlled by either a public entity or a private entity, the permit applicant shall refer the matter to the planning board or zoning board of the municipality within which the land is located for a public hearing, affording the opportunity for public comment, and obtain all relevant necessary approvals of the municipality in which the land is located in accordance with ordinances adopted pursuant to the provisions of the Municipal Land Use Law, 40:55D-1et seq.

i. The requirements in this paragraph shall not apply when the applicant submits documentation to the Department from an authorized municipal official indicating that the municipal ordinances do not require a public hearing or local approval for the proposed sign.

(f) The requirements in (e) above shall not apply where:

1. The permit is issued for an administrative purpose, such as, but, not limited to, the consolidation of multiple valid permits or the renewal of an existing permit;

2. The permit is issued for the reduction of the advertising surface of any permitted sign;

3. The permit is issued for service club and religious signs; and

4. The permit is issued for the replacement of a conforming sign located on property owned or controlled by a State entity where:

(g) On a case-by-case basis, the Department may require a permit holder to confirm information stated on an approved application.

N.J. Admin. Code § 16:41C-6.3

Amended by 47 N.J.R. 540(a), effective 3/2/2015