N.J. Admin. Code § 7:13-19.3

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

Section 7:13-19.3 - Contents and recipients of public notice of an application

(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 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 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 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 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 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 7:13-1.3within 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 7:13-15.1shall 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.

N.J. Admin. Code § 7:13-19.3

Adopted by 48 N.J.R. 1067(a), effective 6/20/2016

Amended by 49 N.J.R. 3849(a), effective 12/18/2017

Adopted by 50 N.J.R. 361(a), effective 1/16/2018

Amended by 53 N.J.R. 514(b), effective 4/5/2021