N.J. Admin. Code § 7:7A-10.8

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

Section 7:7A-10.8 - Public notice requirements for applications

(a) This section sets forth basic public notice requirements for applications. The application checklist for each type of permit, waiver, or general permit authorization will include more detail regarding how to comply with the notice requirements for the approval sought. An applicant shall fulfill the requirements in this section before submitting the application, and the application must include documentation that this section has been complied with.

(b) The public notice requirements in this section apply to the applications listed in 7:7A-10.1(b), except that:

1. An application by a county or municipal agency for authorization to act under general permit 15, mosquito control activities, shall be subject only to the notice requirements found in that general permit at 7:7A-5.15; and

2. An application for a minor modification under 7:7A-14.3 shall not require public notice.

(c) Each notice or application required to be provided under this section shall be sent by certified mail, return receipt requested or through other courier or mail delivery service that provides written proof of delivery of letters or packages.

(d) An applicant shall provide a copy of the complete application, as submitted to the Department, to the municipal clerk in each municipality in which the project site is located.

(e) In addition to all other requirements in this section, an applicant shall provide a notice of the application, which meets the requirements in (g) below, to the following:

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

2. The municipal environmental commission, or other government agency with similar responsibilities;

3. The municipal 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. All owners of land within 200 feet of the proposed disturbance, or of the site. If the proposed project is a linear development greater than one half mile long, the requirement for landowner notice under this paragraph may instead be met by following the procedures in (f) below; and

6. For an individual permit application, a Department-generated list of interested parties in the area, if such a list exists.

(f) If the proposed project is a linear development, as defined at 7:7A-1.4, or a trail or boardwalk, which is greater than one-half mile long, an applicant for a permit other than an individual permit may satisfy the requirement in (e)5 above to notify neighboring landowners by:

1. Sending a notice complying with (g) below to all owners of land within 200 feet of any proposed above surface structure (not including conveyance lines suspended above the ground or small utility support structures such as telephone poles) related to the linear facility, such as a pump station, access road, treatment plant, power substation, grade separated interchange or similar structure; and

2. Publishing a display advertisement. The advertisement shall be:

i. At least four column inches in size;

ii. Published in the newspaper of record for each municipality in which the site is located; and

iii. Published in a newspaper with regional circulation in the region in which the site is located.

(g) The notice of application required under this section shall include:

1. A brief description of the proposed project;

2. A map showing the location of the project site; and

3. A copy of a form letter to the neighboring landowners specified in (e)5 above, with all blanks filled in to provide specific information regarding the proposed project. This form letter will be supplied by the Department with the application checklist.

(h) The notice of application required under this section may cover applications for more than one project. However, for each project application covered by the notice, the information at (g)1 through 3 above must be included in the notice of application.

(i) An applicant for an individual permit or for an open water fill permit shall comply with (c) through (g) above, as applicable, and, in addition, shall:

1. Publish a display advertisement at least four column inches in size in the newspaper of record for each municipality in which the site is located; and

2. If the proposed project involves more than ten acres of fill, publish a display advertisement in a newspaper with regional circulation in the region in which the site is located.

(j) An applicant proposing to create, enhance or restore wetlands to satisfy a mitigation requirement in accordance with 7:7A-15.11 shall comply with (c), (d), (e) and (g) above except that the notice required in accordance with (e) above shall be sent to municipal and county officials and all owners of land within 200 feet of the proposed mitigation project site.

(k) If an applicant amends an application during the application review process, the applicant shall comply with the notice requirements at 7:7A-12.6(f).

(l) Upon request, the Department shall provide the applicant with copies of any comments submitted to the Department on the application.

N.J. Admin. Code § 7:7A-10.8