N.J. Admin. Code § 7:7A-16.2

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

Section 7:7A-16.2 - General application requirements

(a) The Department provides a checklist for each type of application submitted under this subchapter. The checklist identifies all of the submissions required under the rules to be part of an application, and also the appropriate level of detail and the format of the information to be submitted for each type of application. For example, where the rules require, as part of an application, the submittal of photographs showing certain types of information, the corresponding checklist will indicate, based on the type of development the particular permit covers; the number and orientation of photographs of the location of the proposed development. Where the rules require the submittal of a site plan, the corresponding checklist will indicate, based on the type of development the particular permit covers, the scale and details of the information to be illustrated on the plan. Checklists can be downloaded from the Department's website at http://www.nj.gov/dep/landuse or obtained by contacting the Department at the address set forth at N.J.A.C. 7:7A-1.4.

(b) The level of detail and documentation required for an application shall be commensurate with the size and impact of the proposed regulated activity or project, its proximity to critical areas, and its potential for impacts to freshwater wetlands, transition areas, and/or State open waters. The Department shall, upon request, provide the applicant with guidance regarding the appropriate level of detail for an application based on the activity the applicant proposes to undertake.

(c) The following persons may submit an application under this subchapter:

1. The owner(s) of a site on which a regulated activity is proposed or conducted, or which is the subject of a letter of interpretation;

2. An agent designated by the owner(s) of a site to obtain or operate under a letter of interpretation or permit on behalf of the owner(s);

3. A public entity proposing an activity within a right-of-way or easement that is held or controlled by that entity or that will be appropriated by that entity under the power of eminent domain; or

4. A person that has the legal authority to perform the activities proposed in the application on the site, and to carry out all requirements of this chapter.

(d) An application shall be certified as set forth in (j) below by the following individual(s), or by a duly authorized representative, as described at (e) below:

1. If the applicant is a corporation, a principal executive officer of at least the level of vice president;

2. If the applicant is a partnership or sole proprietorship, a general partner or the proprietor, respectively;

3. If the applicant is a municipality, or a State, Federal, or other public entity, either a principal executive officer or ranking elected official; or

4. If the applicant is an entity not covered at (d)1, 2, or 3 above, all individual owners of record of the property upon which the activities will occur.

(e) An individual is a duly authorized representative of the applicant under (d) above only if the authorization is:

1. Made in writing by an individual required to certify under (d) above and is provided to the Department as part of the application; and

2. Specifies that the authorized representative is either:

i. The individual who has overall responsibility to obtain the letter of interpretation and/or operate, construct, or complete the activity, such as a contractor, construction site supervisor, or other individual of equivalent responsibility; or

ii. In a position of responsibility equivalent to that of the individual described in (e)2i above. In this case, the individual holding the specified position is the duly authorized representative for purposes of (d) above.

(f) If the written authorization provided to the Department under (e) above is no longer accurate because a different individual or position has overall responsibility to obtain the letter of interpretation or permit and/or operate, construct, or complete the activity, a new authorization satisfying the requirements of (e) above shall be submitted to the Department prior to or concurrent with any reports, information, or applications requiring the applicant's certification.

(g) If an application includes activities within a right-of-way or easement, the application shall include written consent for the activity from the holder(s) of the right-of-way or easement.

1. For a gas pipeline located within a municipally owned right-of-way, written consent shall consist of one of the following:

i. Written consent from the municipality in the form of a resolution of the governing body or an ordinance;

ii. A municipal designation of the route pursuant to N.J.S.A. 48:9-25.4; or

iii. A Board of Public Utilities designation of route pursuant to N.J.S.A. 48:9-25.4.

(h) Any survey or site plan submitted as part of an application shall be signed and sealed by an engineer, land surveyor, or architect, as appropriate, unless the proposed regulated activity or project is one for which no survey, topography, or calculations are necessary to demonstrate the requirements of this chapter are met, in which case the applicant may elect to prepare his or her own site plan;

(i) Any professional report, survey, calculation, or other document prepared by a consultant, engineer, land surveyor, architect, attorney, scientist, or other professional and submitted as part of an application shall be certified in accordance with (j) below. This certification is separate from the certification of the application by the applicant.

1. Stormwater management calculations must be signed and sealed by a New Jersey licensed professional engineer.

(j) The certification required by (d) and (i) above is as follows:

"I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining and preparing the information, I believe that the information is true, accurate, and complete. I am aware that there are significant penalties for knowingly submitting false information, including the possibility of fine and imprisonment."

(k) Failure to provide complete and accurate information of which the applicant or its agents are aware, or reasonably should have been aware, may result in denial of an application or termination of the authorization under the general permit-by-certification or general permit, the transition area waiver, or the individual permit under N.J.A.C. 7:7A-20.9, and may subject the applicant or its agents to enforcement action under N.J.A.C. 7:7A-22.

(l) When a proposed regulated activity or project requires more than one approval under this chapter, or requires, in addition, an approval under the Coastal Zone Management Rules at N.J.A.C. 7:7 and/or the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13, an applicant may submit a single application for all of the approvals, except for an authorization under a general permit-by-certification or a letter of interpretation, provided that the application meets all application requirements of each such approval included.

(m) Submission of an application under this chapter constitutes consent from the owner of the site allowing the Department to enter the site in a reasonable manner and at reasonable times to inspect the site. This consent shall continue in effect for the duration of the permit application review and decision process, including for the duration of any appeal made from the permit decision.

N.J. Admin. Code § 7:7A-16.2

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

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

Administrative Change, 51 N.J.R. 1193(a).

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