N.J. Admin. Code § 7:7-24.3

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:7-24.3 - Contents and recipients of public notice of an application

(a) For any of the applications listed at N.J.A.C. 7:7-24.1(a), the applicant shall provide a copy of the entire application, as submitted to the Department, to the municipal clerk in each municipality in which the site is located.

1. For applications submitted electronically, the applicant shall provide to the applicable municipal clerk(s) a description of the project, the specific permit(s)/authorization(s) being sought, and all items that will be uploaded to the online service, including all required items on the appropriate application checklist.

(b) For any of the applications listed in 7:7-24.1(a), the applicant shall provide notice of the application to all of the persons or entities at (b)1 through 7 below, in accordance with the time frames specified in 7:7-24.2. The notice shall include the information specified at (d) below.

1. The construction official of each municipality in which the site is located;

2. The environmental commission, or other government agency with similar responsibilities, of each municipality in which the site is located;

3. The planning board of each municipality in which the site is located;

4. The planning board of each county in which the site is located;

5. The local Soil Conservation District if the project will disturb 5,000 square feet or more of land;

6. All owners of real property, including easements, located within 200 feet of the property boundary of the site in the manner set forth in the Municipal Land Use Law at N.J.S.A. 40:55D-12b, unless the proposed development is one of those listed at (c)1 through 4 below, in which case the notice shall be provided as set forth in (c) below. The owners of real property, including easements, shall be those on a list that was certified by the municipality. The date of certification of the list shall be no earlier than one year prior to the date the application is submitted to the Department; and

7. If the site lies within the 12-mile circle or within 200 feet of the 12-mile circle described at 7:7-1.2(c), the State of Delaware. Notice shall be sent to the State of Delaware, Department of Natural Resources & Environmental Control, Delaware Coastal Management Program, 89 Kings Highway, Dover, DE 19901.

(c) If the permit application is for a development listed at (c)1 through 5 below, the applicant shall provide the notice required at (b)6 above by publishing newspaper notice and, in addition, sending the notice at (d) below, in the manner set forth in the Municipal Land Use Law at N.J.S.A. 40:55D-12.b, to all owners of real property, including easements, within 200 feet of any proposed above ground structure that is part of the proposed development, such as a pumping station, treatment plant, groin, bulkhead, revetment or gabion, or dune walkover:

1. A linear project of one-half mile or longer;

2. A shore protection development, including beach nourishment, beach and dune maintenance, or dune creation of one-half mile or longer;

3. A public development on a site of 50 acres or more;

4. An industrial or commercial development on a site of 100 acres or more; or

5. Maintenance dredging of a State navigation channel of one-half mile or longer.

(d) The public notice required at (b) and (c) above, other than newspaper notice, shall:

1. Include all of the following:

i. A brief description of the proposed project;

ii. A site plan, showing the location and boundaries of the project site and depicting the proposed development in relationship to existing site conditions. This need not be a full set of plans and may be shown on one 8 1/2 inch by 11 inch sheet of paper provided the scale is legible and the location of the project in relation to the property boundary is clearly shown; and

iii. A copy of the form notice letter, available from the Department's website as set forth at 7:7-1.6. The form notice letter explains that: an application will be submitted to the Department for the specific development depicted on the enclosed site plan; a complete copy of the application is available to be reviewed at either the municipal clerk's office or by appointment at the Department's Trenton Office; and comments or information on the proposed development and site may be submitted to the Department at the address set forth at 7:7-1.6 within 15 calendar days of receipt of the letter; and

2. Be sent by certified mail or by delivery whereby the signature of the person to whom the notice is delivered is obtained, except that an applicant may obtain written permission from the specific municipal or county entity to submit notice to it electronically.

(e) An applicant for an authorization under a general permit, individual permit, or major technical modification for a project in the Pinelands Area as designated under the Pinelands Protection Act at N.J.S.A. 13:18A-11(a), shall provide a copy of the entire application, as submitted to the Department, to the New Jersey Pinelands Commission.

1. For applications submitted electronically, the application shall consist of a description of the project, the specific permit(s)/authorization(s) being sought, and all items that will be uploaded to the online service, including all required items on the appropriate application checklist.

(f) In addition to the public notice required at (a) and (b) above, an applicant for a waterfront development individual permit to install a submarine cable in the ocean, or to perform sand mining in the ocean, shall provide to all of the entities listed below a description of the project, the specific permit(s)/authorization(s) being sought, and a copy of the NOAA nautical chart showing the proposed cable route or the limits of the proposed sand mining area that were submitted to the Department as part of the permit application:

1. Garden State Seafood Association;

2. National Fisheries Institute;

3. North Atlantic Clam Association;

4. Rutgers Cooperative Extension;

5. New Jersey Shellfisheries Council; and

6. New Jersey Marine Fisheries Council.

N.J. Admin. Code § 7:7-24.3

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

Amended by 49 N.J.R. 3849(a), effective 12/18/2017

Amended by 50 N.J.R. 361(a), effective 1/16/2018

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