N.J. Admin. Code § 7:50-4.22

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

Section 7:50-4.22 - Commission review following final local approval

(a) Decision to review local approval: Upon receipt of any notice of final local approval given pursuant to 7:50-4.18(e), the Executive Director shall review the application for development, all other information in the file, the Certificate of Completeness and the local action and determine whether the local action conforms to the requirements of this Plan. If the Executive Director determines that the proposed development, as approved by the local agency, may not conform to the minimum standards set forth in 7:50-4.16, he shall initiate the review procedures set forth in this section. The Executive Director shall also initiate the review procedures set forth in this section if it is determined there is insufficient information to evaluate whether the proposed development conforms to the minimum standards set forth in 7:50-4.16. If the Executive Director determines that sufficient information is available and that the proposed development, as approved by the local agency, conforms to the minimum standards set forth in 7:50-4.16 the final approval will not be reviewed by the Commission.

(b) Notice of decision and hearing: Within 15 days following receipt of a notice of final determination containing all the information specified in N.J.A.C. 7:50-4.18(e), the Executive Director shall give notice of his or her determination by mail to the applicant, the local permitting agency that granted such approval, all persons who have individually submitted information concerning the application, all persons who have requested a copy of said decision, and any person, organization, or agency that has registered under N.J.A.C. 7:50-4.3(b)2i(2). If applicable, such notice shall set a date, time, and place for public hearing as required by N.J.A.C. 7:50-4.23.

(c) No person shall carry out any development pursuant to an approval of an application for development which has been granted by any local permitting agency until he has received the notice provided for in (b) above. If such notice provides that the Commission intends to review such approval pursuant to 7:50-4.23 and 4.24, no development shall be carried out until such review has been completed and the Commission has approved or approved with conditions the proposed development and the provisions of 7:50-4.24(c) have been fulfilled.

(d) Termination of review: For any application which has been called up for review by the Commission pursuant to the provisions of this section, the Executive Director may, at any time, terminate the review of the application if the applicant submits additional information to demonstrate that the local approval does not raise any issues with respect to the conformance of the proposed development with the minimum standards of the Plan. The Executive Director may also, at any time, terminate the review of the application if the local permitting agency whose approval has been called up for review modifies its approval so that the approval no longer raises any issues.

N.J. Admin. Code § 7:50-4.22

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