(a) For
each approval being sought under this chapter, the applicant shall provide all
information necessary for the Department to determine if the requirements of
this chapter are satisfied. The application requirements for each type of
approval are detailed in the sections pertaining to each approval under this
chapter. However, the Department also provides application checklists, which
include guidance and detail in order to assist applicants through the review
and approval process. For example, the application checklist may recommend that
the document to be folded or prepared in a certain manner to facilitate
processing. To minimize application processing time, an applicant should
carefully review the application checklist and verify that the application
includes all required information. Checklists are provided at www.nj.gov/dep/landuse
or can be obtained from the Department at the address listed in N.J.A.C.
7:13-1.1(f).
(b) If
a proposed project requires more than one approval from the Division of Land
Use Regulation, the Department encourages, but does not require, the applicant to
submit one consolidated application for all the approvals. For example, an
applicant wishing to construct a private residence can use one application to
simultaneously apply for both an individual permit under this chapter and a
freshwater wetlands permit under N.J.A.C. 7:7A. If an application requests more
than one approval, the combined application shall comply with the application
requirements of each permit program. A reduction in fees is also applied to
joint applications as described at N.J.A.C. 7:13-17.1(e).
(c) An
applicant is encouraged to keep copies of the data used to complete an
application, the information submitted to the Department during the application
review process, and all permits, approvals and Department-approved drawings for
at least 10 years after the Department issues a decision.
(d) All
calculations submitted under this chapter shall be performed at the applicant's
expense and shall be signed and sealed by an engineer. The Flood Hazard Area
Technical Manual, available from the Department at the address listed at
N.J.A.C. 7:13-1.1(g), provides examples and guidance for performing the
calculations that are included in this chapter. For example, while the
calculations required for determining the volume of flood storage that a project
displaces are found at N.J.A.C. 7:13-10.4, the Flood Hazard Area Technical
Manual provides samples of the different formats in which these calculations
are often performed, as well as recommendations and guidance designed to
facilitate their execution.
(e) All
drawings submitted under this chapter shall be signed and sealed by an
engineering, surveyor or architect as appropriate, unless the following apply,
in which case the applicant can prepare his or her own drawings:
1. The applicant solely proposes
one or more of the following activities on his or her own property:
i. The construction of a
private residence, which is not being constructed as part of a larger
residential subdivision; and/or
ii. The construction of a
building appurtenant to a private residence, such as a garage, barn or shed;
and
2. No topography or calculations
are necessary to demonstrate compliance with the requirements of this chapter.
(f) All
LURP application forms submitted under this chapter shall be completed as
directed by the form for the type of application being requested. The LURP form
requires basic information regarding the applicant and the proposed activities,
such as the name and address of the applicant and any designated agents, the
specific location of the project, the types of applications being requested and
a brief description of the activities being proposed. Where signatures are
required on the form, original signatures shall be provided. The form also
requires State plane coordinates for the approximate center of the site, except
as provided at (f)1 and 2 below. The accuracy of the State plane coordinates
shall be within 50 feet of the actual center point of the site. For assistance
in determining the State plane coordinates for a site contact the Department's
Geographic Information (GIS) Office at (609) 777-0672.
1. State plane coordinates are
not required if a project consists solely of the following activities:
i. The construction of a
private residence, which is not being constructed as part of a larger residential
subdivision; and/or
ii. The construction of a
building appurtenant to a private residence, such as a garage, barn or shed.
2. State plane coordinates shall
be provided for linear projects such as railroads, roadways and utility lines
as follows:
i. For a linear project of
one-half mile or more in length, the State plane coordinates shall include the
coordinates for the end points of the project and the coordinates for points
located at 1,000 foot intervals along the entire length of the project; and
ii. For a linear project of less
than one-half mile in length, the State plane coordinates shall include the
coordinates for the end points of the project.
(a) A
pre-application conference is a meeting between the Department and a
prospective applicant to discuss the applicant's project. An applicant may
request a pre-application conference for any project. A pre-application
conference is highly recommended for large and/or complicated projects as it
enables the Department to inform an applicant of the application procedures and
standards that will apply to the project. There is no fee for a pre-application
conference.
(b) A
pre-application conference can be requested by telephone, electronic mail or by
writing to the address listed at N.J.A.C. 7:13-1.1(f). Such a request shall be
directed to the engineering supervisor or review engineer responsible for the
county wherein the project is located and shall include a description of the
project.
(c) Prior
to scheduling a pre-application conference, the Department shall require the
applicant to submit a set of drawings depicting the proposed development and an
application report, as described at N.J.A.C. 7:13-15.3, if the Department
determines that such information is necessary to properly advise the applicant
regarding the proposed project and application procedures. The information
contained in an application report enables the Department to be better prepared
for a pre-application conference, which often saves the applicant and the
Department both time and effort.
(d) At
a pre-application conference, Department staff will discuss various
requirements of this chapter as they relate to a project and may offer guidance
to assist the applicant. However, no discussion or guidance offered at a
pre-application conference shall compel the Department to approve or deny an
application.
(e) If
a project requires approvals from multiple Department programs, the applicant
is advised to contact the Office of Pollution Prevention and Right to Know at
(609) 292-3600 before filing an application under this chapter. The Office of
Pollution Prevention and Permit Coordination can help the applicant coordinate
the various applications.
(f) If
an applicant has reason to believe that construction is proposed in freshwater
wetlands or transition areas, the Department encourages the applicant to obtain
a freshwater wetlands letter of interpretation under the Freshwater Wetlands
Protection Act rules at N.J.A.C. 7:7A-8 prior to the pre-application conference.
(g) Workload
permitting, the Department shall hold a pre-application conference within three
weeks of receiving a request that complies with this section. The Department is
not obligated to hold a pre-application conference with a prospective applicant
if the Department determines that the questions raised can be adequately
addressed by telephone.
(a) An
application report required under this chapter shall include the following
(photocopies of maps and documents are acceptable, except for the LURP
application form, which must include original signatures):
1. A complete written
description of the project and all proposed activities;
2. One original LURP application
form, completed as described at N.J.A.C. 7:13-15.1(f);
3. One copy of a USGS quad map
with the site clearly outlined to scale;
4. One copy of a municipal tax
map with the site clearly outlined to scale;
5. One copy of a Department
flood hazard area map or FEMA flood insurance rate map with the site clearly
outlined to scale, if such mapping exists;
6. One copy of each previous
approval received from the Department concerning the site, if such approvals
exist; and
7. One set of color photographs
depicting the entire project area, mounted on 8 1/2-inch by 11-inch paper and
accompanied by a map showing the location and direction from which each
photograph was taken. Copies of photographs are acceptable provided they are
color copies. Black and white copies of photographs are not acceptable.
(a) An
engineering report required under this chapter shall include the following, as
applicable:
1. The signature and seal of an
engineer;
2. The name, mailing address and
telephone number of the engineer, as well as any other person designated by the
engineer to answer questions about the report;
3. All supporting hydrologic,
hydraulic, flood storage volume, stormwater and structural calculations, which
are necessary to demonstrate that the proposed application meets the
requirements of this chapter;
4. A narrative that explains the
submitted calculations and describes why each particular calculation or
methodology was used;
5. All maps, references and
other supporting materials that were used to prepare the submitted
calculations;
6. In the case of a verification
application, all flood maps, drainage area maps and other material used to
determine the flood hazard area and/or floodway limits;
7. In the case of an individual
permit application, the total area of impervious surface proposed and the total
land area that will be disturbed; and
8. In the case of an individual
permit application for which stormwater management is required pursuant to
N.J.A.C. 7:13-11.2, the following information where applicable:
i. An explanation of how
nonstructural stormwater management strategies have been maximized on site, as
required at N.J.A.C. 7:8-5.3;
ii. A demonstration of how the
project meets the groundwater recharge standards at N.J.A.C. 7:8-5.4(a)2;
iii. A table which compares existing and
proposed stormwater discharges for the two-year, 10-year and 100-year storm in
order to demonstrate compliance with the runoff quantity standards at N.J.A.C.
7:8-5.4(a)3; and
iv. An explanation of how the project
meets the water quality standards at N.J.A.C. 7:8-5.5.
(a) An
environmental report required under this chapter shall include the following,
as applicable:
1. A narrative that describes
the proposed design and the construction techniques that will be used;
2. Maps (such as freshwater
wetlands maps and USDA soil surveys) which provide an environmental inventory
of the site; and
3. An analysis of any potential
adverse impacts to the following resources and a detailed description of how
potential adverse impacts shall be minimized. This analysis shall include all
temporary and permanent adverse impacts of each proposed activity, whether
onsite or offsite, as follows:
i. Channels: compliance
with the requirements of N.J.A.C. 7:13-10.1, as well as any anticipated effects
on the size, shape and characteristics of existing channels, including low-flow
aquatic passage, shall be addressed;
ii. Riparian zones: compliance
with the requirements of N.J.A.C. 7:13-10.2 shall be addressed;
iii. Fishery resources: compliance with
the requirements of N.J.A.C. 7:13-10.5 shall be addressed.
iv. Threatened or endangered species:
if a survey for threatened or endangered species is required under N.J.A.C.
7:13-10.6(e), it shall meet the requirements of (c) below; and
v. Regulated waters: the effects
on water quality due to stormwater runoff, exposure of acid producing soils,
and potential for erosion and turbidity shall be addressed.
(b) If
it is determined that a proposed project is likely to cause an adverse impact
to any resource listed in (a)3 above, the environmental report shall include
the following material, in addition to the information required at (a) above:
1. A justification for the
project, including an explanation of why the proposed structures and their
locations are the most appropriate for the site and how the proposed design
minimizes environmental damage;
2. An analysis of alternatives
to the proposed activity, including the no-build alternative;
3. A description of all measures
to be taken to reduce temporary and permanent detrimental impacts to each resource
listed at (a)3 above, whether onsite or offsite; and
4. A plan to mitigate the
effects of all unavoidable adverse impacts.
(c) If
the Department requires a survey for threatened or endangered species under
N.J.A.C. 7:13-10.6(e), the survey shall be performed by a person with education
and experience in wildlife biology, zoology and/or botany, as appropriate, and
shall include the following:
1. The name, mailing address and
qualifications of all persons participating in the survey;
2. The acreage of the surveyed
area;
3. A USGS quad map with the
surveyed area for each habitat outlined;
4. A description of each habitat
and cover type onsite including vegetation, hydrology, soils and natural
communities. These habitats shall be assessed for suitability and compatibility
to the life history of the species being investigated. If no threatened or
endangered species are observed, a discussion of the site's suitability for
such species shall be provided;
5. The date and time of the
investigation (including total number of hours spent by each individual for
species observation);
6. The number of observers
present on the site at any one time, including their location on the site
relative to one another;
7. Site conditions during the
survey, such as precipitation, temperature, wind speed and direction,
artificial or natural noise, and nearest onsite or offsite human activity or
development; and
8. If the survey reveals the
presence or evidence of a threatened or endangered species, detailed
information regarding each sighting, including:
i. Whether the subject was
sighted directly or identified by call, track, scat, remains or other indirect
evidence of presence;
ii. The date(s) and time(s) of
each such sighting or discovery of evidence;
iii. The relative age and condition of
any indirect evidence observed and its location on the property;
iv. A description of the techniques and
methodologies employed by the observer during the site investigation;
v. If an animal species is
observed directly, the number of each species observed, likely age, observed
activity, gender, location on or near the site, and proximity to the observer
at each sighting; and
vi. If a plant species is observed
directly, the number of each species observed and its location on or near the
site.