N.J. Admin. Code § 7:38-9.4

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

Section 7:38-9.4 - Additional application requirements for a Highlands Resource Area Determination (HRAD)

(a) In addition to the basic information required for all applications under 7:38-9.3, a person applying for an HRAD shall provide the information specified in this section. All delineations, mapping data and site plans shall be in paper form as well as digital GIS data that conforms with "New Jersey Department of Environmental Protection Geographic Information System: Mapping and Digital Data Standards" dated July 1, 2002 and as provided at N.J.A.C. 7:1D, Appendix A. This document can be found at http://www.nj.gov/dep/gis/njdepstandards02.pdf.

(b) All HRAD applications under N.J.A.C. 7:38-4 shall require the following:

1. A completed copy of the HRAD checklist; and

2. Proof that the public notice requirements below have been met. To prove that a document has been sent to a person, the applicant shall submit either the white postal receipt bearing the recipient's name, address, the date material was sent by certified mail and the cost to the sender, or the green certified mail return receipt card. If a project is located in more than one municipality or county, the notice requirements below must be met for each municipality and county in which the site is located. The applicant shall submit the following to the Department:

i. Proof that the municipal clerk has been sent a copy of the entire application that was submitted to Department;

ii. Proof that the Highlands Council has been sent a copy of the entire application that was submitted to Department;

iii. Proof that a completed copy of the notice letter (Attachment A on the application form) has been sent to each of the following:

(1) The municipal environmental commission (if one exists);

(2) The municipal planning board;

(3) The municipal construction official;

(4) The county planning board; and

(5) The county environmental commission (if one exists); and

iv. Proof that neighboring landowners within 200 feet of the boundary of the site have been notified. The application shall also submit a certified list of all landowners within 200 feet of the boundaries of the site, that is less than 90 days old and obtained from the municipality. If the proposed project is a linear development, as defined at 7:38-1.4, which is greater than one-half mile long, an applicant may satisfy this requirement to notify neighboring landowners by sending a notice complying to all owners of land within 200 feet of any proposed above surface structure (not including conveyance lines suspended above the ground or small utility support structures such as telephone poles) related to the linear facility, such as an access road, power substation, grade separated interchange or similar structure and publishing a display advertisement. The advertisement shall be:

(1) At least four column inches in size;

(2) Published in the newspaper of record for each municipality in which the site is located; and

(3) Published in a newspaper with regional circulation in the region in which the site is located.

(c) In addition to the information required in (b) above, an application for a footprint of disturbance HRAD for a portion of a site, under 7:38-4.1(c)1 shall require a site plan that depicts the location of and that separately labels the following:

1. The proposed delineation of all Highlands open waters and the associated 300-foot buffers on the site in its entirety. The delineation shall be clearly marked in the field. If the applicant has a currently valid approved Freshwater Wetlands letter of interpretation (LOI), issued by the Department for the site under N.J.A.C. 7:7A-3, this may be submitted instead of the proposed delineation. If the site contains no Highlands open waters, no delineation or other information is required;

2. Soil borings and/or other physical indicators of the presence or absence of Highlands open waters;

3. Data sheets or other materials that explain and support the delineation of Highlands open waters;

4. The general location of all upland forest areas on the portion of the property which is the subject of the application. The general area shall be clearly marked in the field together with the outer perimeter of the sample plots used to define the forest areas, if such sampling plots were used. Forest areas that do not overlap with Highlands open waters must be clearly labeled as upland forest;

5. Any relevant data sheets or other materials that explain the determination of the area as forest. See 7:38-3.9(b) for more information on determining whether an area is considered forest;

6. Slopes:

i. Of greater than 20 percent; and

ii. Slopes ranging from 10 to 20 percent;

7. The location and description of all ecological communities and rare, or threatened and/or endangered wildlife species habitat, and rare or endangered plant species habitat;

8. If an applicant seeks to rebut a presumption of suitable habitat as set forth in 7:38-4.1(d)3 or (d)4, a Habitat Evaluation pursuant to 7:38-5.2 or 5.3, as applicable;

9. Information, as detailed in 7:38-3.10, regarding the potential or known historic or archaeological areas on the site; and

10. Flagging in the field and a delineation on the site plans of the footprint of disturbance that is the subject of the HRAD.

(d) An applicant seeking a boundary delineation HRAD, in accordance with 7:38-4.1(c)2, shall submit all information required in (b) above.

(e) An applicant seeking a boundary verification HRAD issued under 7:38-4.1(c)3 shall submit all information required in (b) above, and all information required in (c) above for the entire property.

N.J. Admin. Code § 7:38-9.4

Amended by R.2006 d.420, effective 12/4/2006.
See: 37 N.J.R. 4767(a), 38 N.J.R. 5011(a).
In (b)2iv, inserted the last two sentences; added (b)2iv(1) through (b)2iv(3); in (c)4, inserted "together with the outer perimeter of the sample plots used to define the forest areas, if such sampling plots were used.", and inserted the last sentence.