N.J. Admin. Code § 7:7-26.3

Current through Register Vol. 56, No. 11, June 3, 2024

Section 7:7-26.3 - CAFRA individual permit application-initial completeness review

(a) As required by 7:7-24.4(a), an applicant for a CAFRA individual permit shall, upon submittal of the application to the Department, publish newspaper notice, pursuant to 7:7-24.5, of the application. If the documentation of publication of the newspaper notice required under 7:7-24.6 is not received by the Department within 10 calendar days of submittal of the application to the Department, the application shall not be declared complete for public comment or public hearing until a minimum of 20 calendar days after publication of the newspaper notice and until the documentation is received by the Department.

(b) Within 20 working days after receiving an application for a CAFRA individual permit, where day one of the 20-working-day period is the date the application is received, the Department shall take one of the following actions:

1. Determine the application is both administratively and technically complete and issue notification to the applicant in writing that the application is complete for public comment or complete for public hearing, effective as of the date the Department received the application;

2. Determine the application is administratively complete but technically incomplete and issue notification to the applicant in writing that the application is technically incomplete. This notification shall specify the additional information required and the deadline by which the information must be submitted; or

3. Determine the application is administratively incomplete and issue notification to the applicant in writing that the application is administratively incomplete. This notification shall specify the additional information required and the deadline by which the information must be submitted.

(c) Within 15 calendar days after receiving the additional information submitted pursuant to (b)3 above for an administratively incomplete application, the Department shall take one of the following actions:

3. Determine the additional information is not sufficient and issue notification to the applicant in writing that the application remains administratively incomplete. The notification shall specify the additional information required and the deadline by which the additional information must be submitted.

(d) Within 15 calendar days after receiving the additional information submitted pursuant to (b)2 or (c)2 above for a technically incomplete application, the Department shall take one of the following actions:

1. Determine the application is technically complete and issue notification to the applicant in writing that the application is complete for public comment or complete for public hearing, effective as of the date the Department received the additional information; or

2. Determine the additional information is not sufficient and issue notification to the applicant in writing that the application remains technically incomplete. The notification shall specify the additional information required and the deadline by which the additional information must be submitted. If the applicant submits all of the information requested pursuant to this notification, the Department shall determine the application complete for public comment or complete for public hearing, effective as of the date the Department received the additional information.

(e) The applicant shall send the additional information submitted to the Department pursuant to (b)2 or 3, (c)2 or 3, or (d)2 above to the municipal clerk of each municipality in which the project is located and shall provide notice explaining that additional information has been submitted to the Department to any person listed at N.J.A.C. 7:7-24.3(b) whom the Department determines would likely be affected by the additional information. The applicant shall provide documentation in accordance with N.J.A.C. 7:7-24.6that the additional information and notice were provided.

(f) An applicant shall submit all additional information pursuant to (b)2 or 3, (c)2 or 3, or (d)2 above within 90 calendar days after the date of the Department request, unless the Department specifies a different deadline in the request. If the applicant does not submit the additional information by the deadline, the Department shall, in accordance with N.J.A.C. 7:7-26.7, cancel the application or, if the applicant demonstrates good cause for the delay in providing the requested information, extend the time to submit the information.

(g) If the Department does not take one of the actions in (b) above within 20 working days after receiving an application, the application shall be declared complete for public comment or complete for public hearing, effective as of the date the application was received by the Department.

(h) If the Department does not take one of the actions *at* (c) or (d) above within 15 calendar days after receiving additional information submitted for an administratively or technically incomplete application, the application shall be declared complete for public comment or complete for public hearing, effective as of the date the additional information was received by the Department.

(i) In the event the Department does not hold a public hearing on a CAFRA permit application in accordance with 7:7-26.5, the Department shall provide for a 30-calendar-day comment period on the application in accordance with 7:7-26.4.

N.J. Admin. Code § 7:7-26.3

Adopted by 47 N.J.R. 1392(a), effective 7/6/2015

Amended by 53 N.J.R. 514(b), effective 4/5/2021