N.J. Admin. Code § 7:38-9.1

Current through Register Vol. 56, No. 17, September 3, 2024

Section 7:38-9.1 - Basic application information

(a) This subchapter describes the application contents for:

1. A Highlands Applicability Determination (that includes an evaluation of exemption eligibility, when applicable);

2. An HRAD, including an extension or modification of an existing HRAD;

3. An HPAA;

4. An HPAA with waiver;

5. A minor modification, major modification, or extension of an HPAA; and

6. A Highlands general permit.

(b) Any person engaging in major Highlands development without the required Highlands Applicability Determination, HPAA, or a modification or extension to an HPAA shall be in violation of the Highlands Act and subject to penalty as set forth in 13:20-35.

(c) An application shall be signed by the person or persons specified below:

1. For a corporation, by a principal executive officer of at least the level of vice president;

2. For a partnership or sole proprietorship, by a general partner or the proprietor, respectively;

3. For a municipality, State, Federal, or other public entity, by either a principal executive officer or ranking elected official; or

4. For an entity not covered at (a)1 through 3 above, by all individual owners of record.

(d) All reports and other information requested by the Department shall be signed by a person described in (c) above, or by a duly authorized representative of that person. A person is a duly authorized representative only if:

1. The authorization is made in writing by a person described in (c) above;

2. The authorization designates either a named individual or any individual occupying a specified position who has been given overall responsibility for the proposed construction and/or completion of the regulated project or activity, such as the general contractor, construction site supervisor, or someone with equivalent responsibility; and

3. The written authorization is submitted with the application to the Department.

(e) The person who applies for and receives an HPAA shall be solely responsible for ensuring that the permitted activity complies with all requirements in this chapter, regardless of whether other persons manage, oversee or work on the activity.

(f) It is a violation of the Highlands Act for any person to engage in any regulated activity that is not specifically authorized by the Highlands Applicability Determination, HPAA, or a modification or extension to an HPAA.

(g) A person applying for an HPAA (with or without waiver) or a modification or extension thereof shall describe all planned activities that relate or associated with any phase of the proposed project.

(h) The Department may deny any application or revoke any permit previously issued under this chapter in the event it finds the applicant, its consultants, or agents failed to provide the Department any required information or information affecting the truth of statements appearing in an previously submitted application; and may also seek penalties pursuant to N.J.A.C. 7:38-13.10.

(i) An applicant shall provide all information necessary for the Department to determine if the requirements of this chapter are met. The Department will provide an application form or checklist setting forth the information required for a complete application. The form or application checklist will vary depending on the type of approval sought.

(j) Application forms for a Highlands Applicability Determination can be downloaded and/or printed from the Highlands website at www.nj.gov/dep/highlands, or they can be obtained by contacting the Department at the address in 7:38-1.2(a)1.

(k) Application checklists and application forms for an HRAD, Highlands Applicability Determination (with or without waiver), HPAA, or a modification or extension to an HPAA can be downloaded and/or printed from the Land Use Regulation Program website at www.nj.gov/dep/landuse or they can be obtained by contacting the Department at the address in 7:38-1.2(a)2. Application forms for new or modified water supply diversion projects pursuant to the Safe Drinking Water Act, 58:12A-1 et seq., if applicable to an HPAA (with and without waiver), or a modification or extension of same can be obtained from the Bureau of Water Allocation at the address in 7:38-1.2(a)4. Application forms for NJPDES permits, treatment works approvals or septic approvals for 50 or more realty improvements can be obtained from the Division of Water Quality in the address at 7:38-1.2(a)3 or at www.state.nj.us/dep/dwq. Applications for septic approvals for 50 or more realty improvements should be directed to the Bureau of Nonpoint Pollution Control.

(l) In general, the level of detail and documentation required for an application is commensurate with the size and environmental impact of the proposed project and its proximity and/or potential impact upon Highlands resource areas. The Department will, upon request, provide applicants with guidance regarding the appropriate level of detail for any portion of an application.

(m) An applicant shall supply the Department with the number of document copies specified in the application checklist. In some cases, the application checklist will also specify the document sheet size or material (such as mylar), and may require the submission to be folded for easier handling.

(n) To minimize Department processing time, applicants should carefully review the application form and/or checklist, as applicable, prior to submission to ensure all required information has been provided.

(o) An applicant shall keep copies of all documents and supporting data used to complete an application, as well as any documents submitted to the Department during the application review process, for three years after the application is submitted to the Department, or for the duration of the permit, approval or determination if one is issued, whichever is longer.

(p) A person proposing any regulated activity in a State open water, freshwater wetland or buffer pursuant to 13:9B-1 et seq. shall either describe in the Highlands application a mitigation proposal complying with the mitigation requirements at N.J.A.C. 7:7A-15, or shall submit the mitigation proposal during the Department application review process. Regardless of when the mitigation proposal is submitted, regulated activities shall not begin on a site for which mitigation is required until the Department approves the mitigation proposal and mitigation has commenced.

(q) If mitigation includes tree planting in accordance with 7:38-3.9, a mitigation plan shall describe the number, type and size of trees to be planted and the location and size of the planting area. Planting shall be done during the appropriate season.

(r) The knowing and willful submission of false, inaccurate, or incomplete information, or the failure to provide information regarding the presence or absence of Highlands resource areas as identified at 7:38-3.4 through 3.10, or as otherwise required in any application, record, or other document required to be filed or maintained under the Act, or that is in any way pertinent to determining the site's current or future compliance with the requirements of this chapter or other land use regulations, is a violation of the Highlands Act. Failure to accurately and completely provide all such information may subject the applicant, its consultants, engineers, surveyors, or agents, to penalties under 7:38-13.10 and the Highlands Act.

N.J. Admin. Code § 7:38-9.1

Amended by R.2006 d.420, effective 12/4/2006.
See: 37 N.J.R. 4767(a), 38 N.J.R. 5011(a).
In (a)4, deleted "and" from the end; in (a)5, substituted "; and" for the period at the end; added (a)6; in (k), inserted "septic approvals for" in the last sentence; and added (r).