N.J. Admin. Code § 7:45-5.2

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

Section 7:45-5.2 - Using a general permit to authorize specific projects

(a) To apply for authorization under a general permit, an applicant shall submit the following:

1. An application form. The application form requires basic information regarding the applicant and the proposed project, such as the name and address of the applicant and any designated agents, the specific location of the project, other types of governmental permits that may be required of the applicant for the project, and a brief description of the proposed project. The application form can be found on the Commission's website at http://www.nj.gov/dep/drcc/.

2. A site plan to scale, depicting the layout of any proposed structures and the square footage of all existing and proposed impervious surface;

3. A survey of the property;

4. Architectural elevations of all existing and proposed structures on the project site, if applicable; and

(b) Within 30 days after the date that an application for a general permit authorization for a project is received in the Commission's office, the Commission's Executive Director 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;

2. Notify the applicant in writing that the project is not authorized under a general permit; or

3. Issue the general permit authorization for the project with conditions, if any, in accordance with N.J.A.C. 7:45-5.3, and notify in writing:

i. The applicant or his or her agent;

ii. the appropriate municipal and county approving agencies; and

iii. All persons who specifically requested notice.

(c) Within 30 days from the date the additional information required under (b)1 above is received in the Commission office, the Commission's Executive Director shall take one of the following actions:

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

2. Notify the applicant in writing that the project is not authorized under a general permit; or

3. Issue the general permit authorization for the project with conditions, if any, in accordance with N.J.A.C. 7:45-5.3, and notify in writing:

i. The applicant or his or her agent;

ii. the appropriate municipal and county approving agencies; and

iii. All persons who specifically requested notice.

(d) The Commission's Executive Director shall prepare a report that summarizes the relevant facts about the application and makes a determination of completeness, denial, or authorization, and shall provide the report to the applicant.

(e) If no action is taken by the Commission's Executive Director on an application for authorization under a general permit within 30 days from the Commission's receipt of the application (including a resolution of approval of the proposed project by the appropriate municipal and county approving agencies), then the application for authorization is deemed complete.

(f) If no action is taken by the Commission's Executive Director on an application for authorization under a general permit within 10 days from the application's being deemed complete under (e) above, then the application is deemed approved. This default approval is subject to any applicable conditions set forth in this subchapter for activities covered by the application.

(g) Except for (h) below, a general permit authorization shall remain valid for five years from the date of the authorization and shall not be extended.

(h) A general permit authorization shall lapse if the municipal permits or approval for the authorized project expire, lapse, or are revoked within the five-year period.

(i) The Commission's Executive Director shall deny an application for a general permit authorization and require an application for an individual approval if the Executive Director finds that additional conditions added under N.J.A.C. 7:45-5.3(c) will not be sufficient to ensure compliance with the Act, the Master Plan and this chapter.

(j) The limits on disturbance in each general permit apply to the entire site upon which the particular project authorized under the general permit occurs. An applicant shall not segment a project by applying for general permit authorization for one portion of the project and applying for an individual approval for another portion of the project. Similarly, an applicant shall not segment a project by separately applying for general permit authorizations for different portions of the same project.

(k) Unless otherwise made a condition of the general permit in accordance with N.J.A.C. 7:45-5.3(c), the limits on disturbance under a general permit apply to total disturbance, including both temporary and permanent disturbances.

(l) If a project is not authorized under a general permit or combination of general permits, an applicant must obtain an individual approval for the project.

N.J. Admin. Code § 7:45-5.2

Amended by 55 N.J.R. 746(a), effective 4/17/2023