N.J. Admin. Code § 16:62-6.2

Current through Register Vol. 57, No. 1, January 6, 2025

Section 16:62-6.2 - Municipal approval

(a) A developer of a project requiring creation or establishment of a prohibited land use or vertical height development shall first apply for development approval from the appropriate municipal agency. If the municipal agency approves of the development, that approval shall be conditioned on the developer applying for and receiving a permit from the Commissioner in accordance with this section. Construction, development or creation of any prohibited land use shall not commence until a permit has been issued by the Commissioner.

(b) An application for a permit will only be considered by the Department if accompanied by a letter from the municipality requesting the permit.

(c) Any person proposing to create or establish a prohibited land use or vertical height development in a designated airport safety zone not subject to municipal ordinances established in accordance with the Municipal Land Use Law (N.J.S.A. 40:55D), shall present the proposed development to the municipal governing body, which shall be considered the municipal agency for purposes of these rules.

N.J. Admin. Code § 16:62-6.2

Amended by R.1995 d.76, effective 2/6/1995.
See: 26 New Jersey Register 4502(a), 27 New Jersey Register 525(a).