SUBCHAPTER 16. PUBLIC NOTICE OF APPLICATIONS

7:13-16.1 General requirements for public notice of applications
7:13-16.2 Public notice requirements for an application for a verification
7:13-16.3 Public notice requirements for an application for an individual permit
7:13-16.4 Documenting public notice of an application
7:13-16.5 Newspaper notice
7:13-16.6 Contents of public notice of an application

7:13-16.1 General requirements for public notice of applications

(a)   This subchapter sets forth the requirements for providing public notice of an application for a verification and/or an application for an individual permit. Public notice is not required for an application for an applicability determination, permit-by-rule, general permit, emergency permit or the revision or transfer of an approval.

(b)   A person seeking a verification and/or an individual permit shall provide public notice of the application to the persons specified in this subchapter. The public notice shall be provided no more than 30 calendar days prior to the submittal of the application.

(c)   If a person provides public notice for an application, and the Department determines that the application is incomplete, the following shall apply:

1.    If the applicant submits the material requested by the Department to render the application complete within 90 calendar days of the date that the public notice was provided for the application, and the Department determines that the revised application is substantially the same as the original application, the Department shall consider the original public notice to be valid.

2.    If the applicant submits the material requested by the Department more than 90 calendar days after the date that the public notice was provided, or if the Department determines that the revised application is substantially different from the original application, the applicant must provide a new public notice of the application.

(d)   If a person concurrently applies for a verification and an individual permit, the joint application shall meet the public notice requirements for both a verification application under N.J.A.C. 7:13-16.2 and an individual permit application under N.J.A.C. 7:13-16.3.

(e)   Except in cases where newspaper notice is allowed pursuant to N.J.A.C. 7:13-16.2(a)3, 16.3(c) and 16.3(d), the public notice required at N.J.A.C. 7:13-16.2 and 16.3 shall be provided by certified mail (return receipts requested) and shall be documented pursuant to N.J.A.C. 7:13-16.4.

 

7:13-16.2 Public notice requirements for an application for a verification

(a)   An applicant for a verification based on Methods 4, 5 or 6, as provided at N.J.A.C. 7:13-3.4 and 3.5, shall provide public notice via certified mail, in the manner described at N.J.A.C. 7:13-16.6, as follows:

1.    Three copies to the municipal clerk in each municipality in which the site is located;

2.    One copy to the county clerk in each county in which the site is located; and

3.    One copy to each owner of property located within 200 feet of the property boundary of the site. If a property within 200 feet of the property boundary of the site is located outside the flood hazard area, newspaper notice pursuant to N.J.A.C. 7:13-16.5 can be provided for that property instead of certified mail notice.

 

7:13-16.3 Public notice requirements for an application for an individual permit

(a)   Except as provided in (b), (c) and (d) below, an applicant for an individual permit shall provide public notice via certified mail, in the manner described at N.J.A.C. 7:13-16.6, to the following:

1.    Three copies to the municipal clerk in each municipality in which the site is located;

2.    Three copies to the municipal clerk in any municipality located within one mile of the site;

3.    One copy to the county clerk in each county in which the site is located;

4.    One copy to the local Soil Conservation District if the project will disturb at least 5,000 square feet of land; and

5.    One copy to each owner of property located within 200 feet of the property boundary of the site, except as provided in (c) below.

(b)   Public notice does not need to be provided under (a) above if the project consists solely of the following activities:

1.    The construction of a private residence, which is not being constructed as part of a larger residential subdivision; and/or

2.    The construction of a building appurtenant to a private residence, such as a garage, barn or shed.

(c)   Public notice to the owner of a property located within 200 feet of the property boundary of a site under (a)5 above may be satisfied via newspaper notice pursuant to N.J.A.C. 7:13-16.5 instead of via certified mail in the following circumstances:

1.    To any property that is located outside the flood hazard area and at least 500 feet from all proposed regulated activities onsite; and

2.    If the application is solely for a linear project of one-half mile or more in length, to any property that is located more than 200 feet from any aboveground structure that is part of the project. Examples of aboveground structures include pumping stations, treatment plants, power substations and elevated roadways or railroads, but not telephone poles or similar utility line support structures.

(d)   An application for an individual permit for utility line maintenance, repair or replacement pursuant to N.J.A.C. 7:13-11.9(f) is not subject to the public notice requirements of (a) above. Instead, the applicant shall provide public notice of the individual permit application and of each repair and replacement as follows:

1.    At the time the application is submitted to the Department, the applicant shall provide newspaper notice that meets the requirements at N.J.A.C. 7:13-16.5;

2.    At least five working days before performing any repair or replacement, the applicant shall provide a written description of each proposed activity (including the method and duration of construction and the location of each proposed activity on a USGS quad map) to the following:

i.     The Department, either at the address listed at N.J.A.C. 7:13-1.1(f) or by fax or electronic mail if prearranged with the Department;

ii.    The municipal clerk for each municipality in which the work is located, via certified mail;

iii.   The municipal engineer for each municipality in which the work is located, via certified mail; and

iv.   The owners of each property on which the applicant will perform the work, via certified mail.

 

7:13-16.4 Documenting public notice of an application

(a)   For applications that require public notice under this subchapter, the following shall be submitted to the Department to demonstrate that public notice was provided:

1.    The original certified U.S. Postal Service receipt for each public notice that was mailed, mounted on 8 1/2-inch by 11-inch paper. All certified mail shall be sent with return receipts requested. An applicant shall submit either the white postal receipt or the green return receipt card with an application. However, the green cards, if not sent with the application, shall be sent collectively to the Department once they are received from the post office by the applicant;

2.    A list of the persons to whom public notice was mailed, as follows:

i.     A certified list of all property owners within 200 feet of the site (including name, mailing address, lot and block) prepared by the municipal government for each municipality in which the project is located; and

ii.    The mailing address of each public entity notified; and

3.    A copy of any newspaper notice provided under N.J.A.C. 7:13-16.5.

7:13-16.5 Newspaper notice

(a)   Newspaper notice required for an application under this chapter shall consist of either a legal notice or a display add (at the applicant's discretion) published in the official newspaper of the municipality (or in a newspaper of general circulation in the municipality if there is no official newspaper) as well as in one newspaper of regional circulation (relative to the location of the project). The newspaper notice shall include:

1.    The mailing address and telephone number of the Department, as listed at N.J.A.C. 7:13-1.1(f);

2.    The name and mailing address of the applicant;

3.    The type of approval sought from the Department and a description of any proposed activities on site; and

4.    The location of the site, including a street address, the name of any regulated water within or adjacent to the site, and a list of each lot, block, municipality and county involved in the project.

 

7:13-16.6 Contents of public notice of an application

(a)   Except for the newspaper notice provided under N.J.A.C. 7:13-16.5, public notice required under this subchapter shall include the following:

1.    A copy of the completed LURP application form that was submitted to the Department for the application;

2.    A cover letter as follows:

i.     For an application for a verification, the letter set forth at (c) below;

ii.    For an application for an individual permit, the letter set forth at (d) below; and

iii.   For a joint verification and individual permit application, the letter set forth at (e) below; and

3.    If an application includes a request for a hardship exception under N.J.A.C. 7:13-9.8, the letter required under (a)2 above shall also include the following:

i.     A statement that a hardship exception is being requested;

ii.    The nature of the hardship; and

iii.   The citation and subject matter of each requirement in this chapter for which the hardship exception is being requested.

(b)   Where public notice is required under this subchapter to be sent to a municipal or county clerk, the applicant shall send three copies of the public notice, accompanied by a letter requesting that the clerk keep one copy for public inspection, and distribute one copy of the public notice to the planning board and one copy to the environmental commission if any.

(c)   The letter required in (a)2 above for an application for a verification shall state:

This letter is to notify you that an application for a flood hazard area verification will be submitted to the State of New Jersey Department of Environmental Protection (Department) for the site described on the attached application form. The Department regulates construction within flood hazard areas and riparian zones adjacent to certain waters. This application is a request for the Department to verify the extent of these areas on the subject property. A flood hazard area verification does not approve any construction. A separate application must be made to the Department if regulated activities are proposed within these areas. If you have any comments or questions regarding this application, please write to the Department at the following address and include a copy of the first page of the attached application form.

Attn: Engineering Supervisor for (the county or counties where the property that is the subject of the application is located)

State of New Jersey Department of Environmental Protection

Division of Land Use Regulation

P.O. Box 439

Trenton, New Jersey 08625-0439

Your comments must be sent within 15 calendar days of your receipt of this letter to ensure that the Department will be able to consider your concerns during its review of this application. You can submit comments after this date but the Department may not be able to address your concerns. You can also contact the Department by telephone at (609) 292-0060 and can obtain general information about the flood hazard area program at the following website: www.nj.gov/dep/landuse.

(d)   The letter required in (a)2 above for an application for an individual permit shall state:

This letter is to notify you that an application for a flood hazard area permit will be submitted to the State of New Jersey Department of Environmental Protection (Department) for the project described on the attached application form. A flood hazard area permit is required for this project because some or all of the work is proposed in a flood hazard area or in a riparian zone. If you have any comments or questions regarding this application, please write to the Department at the following address and include a copy of the first page of the attached application form:

Attn: Engineering Supervisor for (the county or counties where the property that is the subject of the application is located)

State of New Jersey Department of Environmental Protection

Division of Land Use Regulation

P.O. Box 439

Trenton, New Jersey 08625-0439

Your comments must be sent within 15 calendar days of your receipt of this letter to ensure that the Department will be able to consider your concerns during its review of this application. You can submit comments after this date but the Department may not be able to address your concerns. You can also contact the Department by telephone at (609) 292-0060 and can obtain general information about the flood hazard area program at the following website: www.nj.gov/dep/landuse.

(e)   The letter required in (a)2 above for a joint verification and individual permit application shall state:

This letter is to notify you that an application for a flood hazard area verification will be submitted to the State of New Jersey Department of Environmental Protection (Department) for the property described on the attached application form. The Department regulates construction within flood hazard areas and riparian zones adjacent to certain waters. This application is a request for the Department to verify the extent of these areas on the subject property. In addition, an application for a flood hazard area permit will also be submitted to the Department for the project described on the attached application form. A flood hazard area permit is required for this project because some or all of the work is proposed in a flood hazard area or in a riparian zone. If you have any comments or questions regarding this application, please write to the Department at the following address and include a copy of the first page of the attached application form:

Attn: Engineering Supervisor for (the county or counties where the property that is the subject of the application is located)

State of New Jersey Department of Environmental Protection

Division of Land Use Regulation

P.O. Box 439

Trenton, New Jersey 08625-0439

Your comments must be sent within 15 calendar days of your receipt of this letter to ensure that the Department will be able to consider your concerns during its review of this application. You can submit comments after this date but the Department may not be able to address your concerns. You can also contact the Department by telephone at (609) 292-0060 and can obtain general information about the flood hazard area program at the following website: www.nj.gov/dep/landuse.