N.J. Admin. Code § 7:7A-17.3

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

Section 7:7A-17.3 - Contents and recipients of public notice of an application

(a) For any of the applications listed at N.J.A.C. 7:7A-17.1(a), the applicant shall provide a copy of the entire application, as submitted to the Department, to the municipal clerk in each municipality in which the site is located.

1. For applications submitted electronically, the applicant shall provide to the applicable municipal clerk(s) a description of the project, the specific permit(s)/authorization(s) being sought, and all items that will be uploaded to the online service, including all required items on the appropriate application checklist.

(b) For any of the applications listed in N.J.A.C. 7:7A-17.1(a), the applicant shall provide notice of the application to all of the persons or entities at (b)1 through 6 below, in accordance with the timeframe specified at N.J.A.C. 7:7A-17.2. The notice shall include the information specified at (e) below.

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

2. The environmental commission, or other government agency with similar responsibilities, of each municipality in which the site is located;

3. The 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. The local Soil Conservation District if the regulated activity or project will disturb 5,000 square feet or more of land; and

6. All owners of real property, including easements, located within 200 feet of the site of the proposed regulated activity, in the manner set forth in the Municipal Land Use Law at N.J.S.A. 40:55D-12.b, unless the regulated activity or project is one of those listed at (c)1 through 5 below, in which case the notice shall be provided as set forth in (c) below. The owners of real property, including easements, shall be those on a list that was certified by the municipality. The date of certification of the list shall be no earlier than one year prior to the date the application is submitted to the Department.

(c) For an application for an LOI, regulated activity, or project listed at (c)1 through 5 below, unless the application is for an individual permit or for a mitigation proposal to create, enhance, or restore wetlands, State open waters. and/or transition areas, which is not submitted as part of a permit application, the applicant shall provide the notice required at (b)6 above by publishing newspaper notice and, in addition, sending the notice at (e) below, in the manner set forth in the Municipal Land Use Law at N.J.S.A. 40:55D-12.b, to all owners of real property, including easements, within 200 feet of any proposed above ground structure that is part of the proposed development or project, excluding any conveyance lines suspended above the ground or small utility support structures, such as telephone poles.

1. A linear project of one-half mile or longer;

2. A trail or boardwalk of one-half mile or longer;

3. A public project on a site of 50 acres or more;

4. An industrial or commercial project on a site of 100 acres or more; or

5. A project to remove sediment or debris from a channel of one-half mile or longer.

(d) If the application is for an individual permit, in addition to providing notice required at (b) above, the applicant shall:

1. Provide notice by publishing newspaper notice in accordance with N.J.A.C. 7:7A-17.4; and

2. If the proposed project involves more than 10 acres of fill, publish a newspaper notice that meets the requirements of N.J.A.C. 7:7A-17.4(b) in a newspaper with regional circulation in the region in which the site is located.

(e) The public notice required at (b) and (c) above, other than newspaper notice, shall:

1. Include all of the following:

i. A brief description of the area the applicant wishes the LOI to cover, and/or the site and regulated activity or project;

ii. A site plan, showing the location and boundaries of the site and depicting the area the applicant wishes the LOI to cover, and/or the proposed regulated activity, or project in relationship to existing site conditions. This need not be a full set of plans and may be shown on one 8 1/2 inch by 11 inch sheet of paper provided the scale is legible and the location of the regulated activity or project in relation to the property boundary is clearly shown; and

iii. A copy of the form notice letter, available from the Department's website at the address set forth at N.J.A.C. 7:7A-1.4. The form notice letter explains that: an application will be submitted to the Department for an LOI and/or the specific regulated activity or project depicted on the enclosed site plan; a complete copy of the application is available to be reviewed at either the municipal clerk's office or by appointment at the Department's Trenton office; and comments or information on the requested LOI or proposed regulated activity or project and site may be submitted to the Department at the address set forth at N.J.A.C. 7:7A-1.4 within 15 calendar days of receipt of the letter; and

2. Be sent by certified mail or by delivery whereby the signature of the person to whom the notice is delivered is obtained, except that an applicant may obtain written permission from the specific municipal or county entity to submit notice to it electronically.

N.J. Admin. Code § 7:7A-17.3

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

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