N.J. Admin. Code § 7:50-4.66

Current through Register Vol. 56, No. 7, April 1, 2024

Section 7:50-4.66 - Application

(a) An application for a waiver shall be submitted to the Commission in accordance with the requirements of 7:50-4.2(b). An application for waiver may be filed prior to filing an application for development. If during review of an application for development it appears necessary to obtain a waiver, the applicant may apply for a waiver. Any application for a waiver shall stay the time period for review set forth in Parts II, III or IV of this subchapter as the case may be while the application for the waiver is pending.

(b) In addition to the requirements in (a) above, an applicant requesting a Waiver of Strict Compliance which involves a specific parcel shall provide notice of the application for a Waiver of Strict Compliance as follows:

1. Notice shall be given to owners of real property within 200 feet of the subject parcel as provided for in 40:55D-12(b). The administrative officer of the municipality shall provide a certified list of said property owners as provided for in 40:55D-12(c). The applicant shall be entitled to rely upon the information contained in said certified list as provided in 40:55D-12(c).

2. Notice shall be given by publication in the official newspaper of the municipality in which the parcel is located, if there is one, or in a newspaper of general circulation in the municipality as provided for in 40:55D-12(a).

(c) In addition to the requirements in (a) and (b) above, an applicant requesting a Waiver of Strict Compliance which will not be located on a specific parcel, shall provide notice of the application for a Waiver of Strict Compliance as follows:

1. Notice shall be given by publication in any official newspaper of the Pinelands Commission having general circulation in any municipality in which the proposed Waiver of Strict Compliance shall apply; and

2. Notice shall be given by publication in the official newspaper, if any, of all municipalities in which the proposed Waiver of Strict Compliance shall apply or, if there is no official newspaper in any such municipality, then in a newspaper of general circulation in that municipality.

(d) The notice in (b) and (c) above shall state:

1. The nature of the application pending before the Pinelands Commission, including a description of the proposed development and a statement of all Waivers sought;

2. That the Pinelands Commission will schedule and hold a public hearing on the application, the date and time of which will be posted on the Commission's website;

3. That action may be taken on the application after 10 days from the date the notice is published and mailed;

4. That written comments on the application may be submitted to the Pinelands Commission at the public hearing or in writing and that all such comments received within 10 days of the mailing or publication of the notice or within the notice period established for the public hearing will be considered in the review of the application;

5. That the application is available for inspection at the office of the Pinelands Commission;

6. The mailing address, phone number, and website address of the Commission; and

7. That any person who provides comments or requests a copy of the Executive Director's findings and conclusion shall be provided a copy of said findings and conclusion and that any interested person who is aggrieved by said determination is entitled to a hearing by appealing the determination.

(e) If the applicant significantly modifies either the proposed development or the requested Waivers from that described in the most recent notice given pursuant to (b), (c) and (d) above, then the applicant shall again provide the notice mandated by said subsections so that the notice accurately describes the proposed development and the requested Waivers.

(f) No application for a Waiver of Strict Compliance shall be deemed complete until proof that the requisite notice has been given is received.

(g) The Executive Director's action on any application for which the above notice is required, shall not be taken until five days after the 10 day comment period set forth herein has expired. If any public comments have been received concerning the application, the Executive Director shall inform the applicant that public comments have been submitted prior to making a recommendation on the application for a Waiver of Strict Compliance.

(h) For an application submitted pursuant to 7:50-4.63(a) for which a municipal use, lot area or density variance is required pursuant to 7:50-4.63(a)4, the notice required pursuant to (b) above shall not be separately required by the Pinelands Commission provided that the notice for the municipal variance is submitted to the Pinelands Commission and contains at least the information specified in (d) above and the application to the Pinelands Commission is completed within one year of the municipal approval of the variance.

(i) For an application submitted pursuant to N.J.A.C. 7:50-4.64(a)1, the Executive Director shall set the date, time, and place for a public hearing for consideration of the application. The public hearing shall be noticed and held by the Executive Director in accordance with the provisions of N.J.A.C. 7:50-4.3.

N.J. Admin. Code § 7:50-4.66

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