N.J. Admin. Code § 7:38-6.2

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

Section 7:38-6.2 - Standard requirements for all HPAAs

(a) The Department shall issue an HPAA only if it determines, based upon the information provided by the applicant, that the proposed major Highlands development:

1. Meets all of the requirements at N.J.A.C. 7:38-3;

2. Would result in de minimus impacts on water resources and would not cause or contribute to a significant degradation of surface or ground waters. In making this determination, the Department shall consider the extent of any impacts on water resources resulting from the proposed major Highlands development including, but not limited to, the regenerative capacity of aquifers or other surface or ground water supplies, increases in stormwater generated, increases in impervious surface, increases in stormwater pollutant loading, changes in land use, and changes in vegetative cover;

3. Would cause the minimum feasible interference with the natural functioning of animal, plant, and other natural resources at the site and within the surrounding area, and the minimum feasible individual and cumulative adverse impacts to the environment both onsite and offsite of the major Highlands development;

4. Will result in the minimum feasible alteration or impairment of the aquatic ecosystem including existing contour, vegetation, fish and wildlife resources, and aquatic circulation of a freshwater wetland;

5. Will not jeopardize the continued existence of species listed pursuant to the Endangered and Nongame Species Conservation Act, 23:2A-1 et seq., the Endangered Plant Species List Act, 13:1B-15.1 51 et seq.), or which appear on the Federal endangered or threatened species list, and will not result in the likelihood of the destruction or adverse modification of habitat for any rare, threatened, or endangered species of animal or plant;

6. Is located or constructed so as to neither endanger human life or property nor otherwise impair public health, safety or welfare;

7. Would result in the minimum practicable degradation of unique or irreplaceable land types, historical or archeological areas, and existing public scenic attributes at the site and within the surrounding area; and

8. Meets all other applicable Department standards, rules, and regulations and State and Federal laws.

(b) Each HPAA issued by the Department shall expire, along with any associated waiver, within five years of the date of issuance unless construction has commenced, in which case the HPAA and waiver shall continue in effect until such time as construction ceases. In no case shall an HPAA remain in effect for longer than 10 years.

(c) An HPAA shall be valid only for the development appearing in the plans approved by the Department. Any change in the plans affecting the number of dwelling units, percentage of impervious surface or commercial square footage, water consumption or wastewater treatment must be approved in writing by the Department prior to commencement of construction.

N.J. Admin. Code § 7:38-6.2