N.J. Admin. Code § 7:50-3.83

Current through Register Vol. 56, No. 12, June 17, 2024

Section 7:50-3.83 - Certification standards

(a) The Commission may certify a county regulation or municipal ordinance which contains an alternative permitting program only if the following standards are met, taking into account the type, magnitude, location or complexity of development for which the program applies:

1. The county or municipality has demonstrated capability to implement the program in an efficient and effective manner;

2. The program, including the procedures to be followed, standing alone or in combination with activities continuing to be administered by the Commission, ensures that application requirements and permit decisions are adequate to determine compliance with the relevant criteria and standards of N.J.A.C. 7:50-5 and 6 and the provisions of the relevant certified local regulation or ordinance;

3. The program ensures that adequate, qualified and capable personnel will administer the program and that safeguards exist to ensure that (a)2 above is met in the event of personnel changes;

4. The program ensures that applicants receive any necessary waivers of strict compliance from the Pinelands Commission; and

5. Either the program allows for Commission review of local approvals pursuant to 7:50-4.31 et seq. or includes an alternative procedure to ensure that periodic review of permits by the Commission may be conducted to assess consistency of the program with the standards of N.J.A.C. 7:50-5 and 6 and the provisions of the relevant certified local regulation or ordinance. The alternative procedure shall also include a requirement for all local approvals to be subject to review by the Commission pursuant to 7:50-4.31 through 4.42 in the event that the Executive Director makes a recommendation to the Commission pursuant to 7:50-3.85. In that event, the procedures for the review of local approvals set forth in 7:50-4.31 through 4.42 shall remain in effect until such time as the procedures in 7:50-3.61 through 3.65 have been followed.

N.J. Admin. Code § 7:50-3.83

New Rule, R.1995 d.449, effective 8/21/1995.
See: 27 New Jersey Register 1557(a), 27 New Jersey Register 1927(a), 27 New Jersey Register 3158(a).