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
(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.
(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.
(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.
(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.
(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.
(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.