N.J. Admin. Code § 7:45-3.4

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

Section 7:45-3.4 - Review of decisions regarding private projects and governmental projects other than projects sponsored by a State agency

(a) Within 30 days after the date that an application for an individual approval for a project is received in the Commission's office, the Commission staff shall review the application to determine if all the items required for a complete application have been submitted and take one of the following actions:

1. Notify the applicant in writing of any additional information required for a complete application; or

2. Declare the application complete and so notify in writing the applicant and the appropriate municipal and county approving agencies.

(b) When the additional information required pursuant to (a)1 above is submitted, the Commission staff shall take one of the following actions within 30 days from the date the additional information is received in the Commission office:

1. Notify the applicant in writing of any further information that is needed for a complete application; or

2. Declare the application complete and so notify in writing the applicant and the appropriate municipal and county approving agencies.

(c) The Commission staff shall prepare a report for the Commission that summarizes the relevant facts about an application and that gives the staff's recommendation to the Commission for its action on a project. The staff's recommendation may be supplemented with other written reports and/or with verbal testimony in the course of a public meeting of the Commission.

(d) If no action is taken by the Commission staff within a period of 30 days from the date that an application (including a resolution of approval of the proposed project by the appropriate municipal and county approving agencies in accordance with 7:45-3.2 ) is received in the Commission's office, the application shall be deemed to be complete.

(e) Within 45 days from the date when an application is declared or deemed complete, the Commission shall take one of the following actions:

1. Approve the application and notify in writing in accordance with 7:45-3.7 the applicant and the appropriate municipal and county approving agencies;

2. Reject the application and so notify in writing in accordance with 7:45-3.7 the applicant and the appropriate municipal approving and county agencies and the governing body of the municipality; or

3. Approve the application subject to conditions and notify in writing in accordance with 7:45-3.7 the appropriate municipal and county approving agencies that shall be responsible for ensuring that the conditions are satisfied before issuing any municipal or county approval.

(f) If the Commission fails to take action on an application by 45 days from the date that the application is declared or deemed to be complete, the application shall automatically be deemed to be approved. This default approval is subject to any applicable pre-approval conditions set forth in this chapter for activities covered by the application, such as at 7:45-4.1(h).

N.J. Admin. Code § 7:45-3.4