N.J. Admin. Code § 7:50-4.18

Current through Register Vol. 56, No. 8, April 15, 2024

Section 7:50-4.18 - Report requirements of local permitting agency with respect to applications for development

(a) General requirement: Every local permitting agency shall give notice to the Pinelands Commission, as hereinafter specified, of the filing of, and of any changes to, and of any hearings and meetings concerning, and of the disposition of every application for development filed with it. Failure to provide said notices shall void any local decision for which such notices were not provided.

(b) Notice of application: Within seven days following a determination of completeness of an application for development, or any change to any application for development which was previously filed, notice of such application shall be given by the local agency, in writing, to the Commission. The notice shall be in such form as the Executive Director shall from time to time specify; but each such notice shall contain at least the following information:

1. The name and address of the applicant;

2. The legal description and street address, if any, of the parcel which the applicant proposes to develop;

3. A brief description of the proposed development, including uses and intensity of uses proposed;

4. The application number of the Certificate of Completeness issued by the Executive Director and the date on which it was issued;

5. The date on which the application, or change thereto, was filed and any application or other identifying number assigned to such application by the local permitting agency;

6. The local permitting agency with which the application or change thereto was filed;

7. The content of any change made to any such application since it was filed with the Commission; and

8. The nature of the local approval or approvals being sought.

(c) Notice of hearings and meetings: Notice of any hearing, public meeting or other formal proceeding at which an application for development is to be considered shall be given to the Commission by the local agency in writing not less than five days prior to such meeting, hearing or proceeding and shall be in such form as the Executive Director shall from time to time specify. Each notice shall contain at least the following information:

1. The name and address of the applicant;

2. The application number of the Certificate of Completeness issued by the Executive Director and the date on which it was issued;

3. The date, time and location of the meeting, hearing, or other formal proceeding;

4. The name of the local permitting agency or representative thereof which will be conducting the meeting, hearing, or other formal proceeding;

5. Any written reports or comments received by the local permitting agency on the application for development which have not been previously submitted to the Commission; and

6. The purpose for which the meeting, hearing or other formal proceeding is to be held.

(d) Notice of preliminary approval: Notice of any grant of preliminary site plan or subdivision approval or any other preliminary approval of any application for development provided for by the Municipal Land Use Law or any county or municipal regulation or ordinance shall be given to the Commission by the local agency, by mail, within five days following such grant or approval. Such notice shall be in such form as the Executive Director shall from time to time specify, but shall contain at least the following information:

1. The name and address of the applicant;

2. The legal description and street address, if any, of the parcel which the applicant proposes to develop;

3. The application number of the Certificate of Completeness issued by the Executive Director and the date on which it was issued;

4. The date on which the preliminary approval was granted;

5. Any written reports or comments received by the local permitting agency on the application for development which have not been previously submitted to the Commission;

6. A copy of the resolution or other documentation of the preliminary approval which was granted and a copy of the plans which were approved; and

7. The names and addresses of all persons who actively participated in the local proceedings.

(e) Notice of final determination: Notice of any final determination approving or denying any application for development shall be given to the Commission by the local agency, by mail, within five days following such determination and shall be in such form as the Executive Director shall from time to time specify; but such notice shall contain at least the following information:

1. The name and address of the applicant;

2. The legal description and street address, if any, of the parcel which the applicant proposes to develop;

3. The application number of the Certificate of Completeness issued by the Executive Director and the date on which it was issued;

4. The date on which the final approval or denial was granted;

5. Any written reports or comments received by the local permitting agency on the application for development which have not been previously submitted to the Commission; and

6. A copy of the resolution or other documentation of the local permitting agency approving or denying the application and, if the application was approved, a copy of any final site or subdivision plan or plat or similar plan which was approved by the local permitting agency.

(f) Nothing in this section shall provide for a tolling of time pursuant to 40:55D-21 due to the failure of the applicant or local permitting agency to meet the notice requirements of (a) through (e) above. No person shall carry out any development in the Pinelands Area prior to satisfying the notice requirements of (a) through (e) above.

N.J. Admin. Code § 7:50-4.18

Amended by 46 N.J.R. 1877(b), effective 9/2/2014.

Amended by 50 N.J.R. 969(a), effective 3/5/2018