N.J. Admin. Code § 7:7-3.6

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:7-3.6 - Duration of an authorization under a general permit for which an application was declared complete for review prior to July 6, 2015

(a) This section sets forth the duration of an authorization under a general permit for which the application was declared complete for review prior to July 6, 2015. The duration of an authorization under a general permit for which an application is declared complete for review on or after July 6, 2015 is set forth in N.J.A.C. 7:7-3.7.

(b) An authorization governed by this section is valid for five years from the date of issuance of the authorization.

(c) The five-year term of an authorization governed by this section shall not be extended.

(d) Except where construction has commenced under (e) below, all regulated activities being conducted pursuant to an authorization governed by this section shall immediately cease if the authorization expires.

(e) If construction pursuant to an authorization governed by this section was commenced prior to the expiration of the authorization, construction can continue to completion provided there are no cumulative lapses in construction activity of greater than one year.

1. For the purposes of this subsection, "construction" means having completed the foundations for buildings or structures, the subsurface improvements for roadways, or the necessary excavation and installation of bedding materials for utility lines. To determine if construction of a development or part of a development has begun, the Department shall evaluate such proofs as may be provided by the applicant including, but not limited to, the following: documentation that the local construction official has completed the inspection at N.J.A.C. 5:23-2.18(b)1 i(2) or (b)1i(3) for foundations of structures; reports from the municipal engineer documenting inspections of road bed construction; or billing receipts documenting the completion of the above construction activities. "Construction" does not include clearing vegetation, bringing construction materials to the site, or site grading or other earth work associated with preparing a site for construction.

(f) If construction pursuant to an authorization governed by this section is not commenced prior to the expiration of the authorization, construction can commence and subsequently continue only if a new authorization or permit under this chapter is obtained authorizing the regulated activity.

N.J. Admin. Code § 7:7-3.6

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