SUBCHAPTER 15. APPLICATION REQUIREMENTS

7:13-15.1 General provisions
7:13-15.2 Pre-application conference
7:13-15.3 Application report
7:13-15.4 Engineering report
7:13-15.5 Environmental report

7:13-15.1 General provisions

(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.

 

7:13-15.2 Pre-application conference

(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.

 

7:13-15.3 Application report

(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.

 

7:13-15.4 Engineering report

(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.

 

7:13-15.5 Environmental report

(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.