N.J. Admin. Code § 16:47-9.7

Current through Register Vol. 56, No. 23, December 2, 2024

Section 16:47-9.7 - Two-step application review process

(a) Applications will be reviewed for checklist completeness to determine that all items described at N.J.A.C. 16:47-9.5(c)have been received. Within 15 days of receipt of the application, the Department will notify the applicant and designated contact person whether the application is checklist complete or incomplete. The technical review of the application will not commence until the application is deemed checklist complete.

(b) If the application is deemed incomplete, the Department will prepare a written notice of deficiency that lists all items that must be submitted in order for the application to be checklist complete. The applicant shall have 90 days from the date of the notice to submit the missing checklist items or the application will be considered withdrawn. After receipt of the applicant's response to the deficiency notice, the applicant will be notified within 15 days if the application is now deemed checklist complete. If an applicant responds within 90 days, but fails to satisfactorily resolve the deficiencies, a third submittal will be accepted within 30 days before the application will be considered withdrawn. Failure to resolve the noted deficiency within three submittals will result in the application being considered withdrawn. The Department will not reconsider applications considered withdrawn, unless a new application and application fee are submitted.

(c) A technical review of the step one submission will commence once the application is deemed checklist complete. Within 90 days the Department will notify the applicant and designated contact person, in writing, that the step one access application is technically acceptable or issue the applicant and designated contact person a notice of technical deficiency.

(d) The notice of technical deficiency will itemize all deficiencies that must be addressed in order for the application to be technically acceptable. The notice will be made in writing and the applicant shall respond to the notice within 90 days from the date of the notice. If an applicant fails to respond and correct the requested deficient items within 90 days, the application may be considered withdrawn and reconsideration of the application may require a new application and application fee. Within 90 days of receipt of the applicant's response to the notice of technical deficiency, the Department will notify the applicant and designated contact person if the technical deficiencies have been satisfactorily resolved.

(e) If the applicant's response fails to satisfactorily resolve the technical deficiencies, the permit will be denied unless further technical reviews are determined appropriate by the Department.

(f) Additional review time may be required for applications that require Federal Highway Administration review of work on or affecting interstate highways, interchanges, or ramps. The Department will advise the applicant and designated contact person, in writing, of any anticipated additional reviews.

(g) If the step one application is deemed technically acceptable, the Department will issue a written notice to the applicant and designated contact person of approval to proceed to step two of the two-step application review process. The step two submission shall be received by the Department within 180 days of this approval notice or the application may be considered withdrawn. The applicant and designated contact person will also be advised that a developer's agreement, as described at N.J.A.C. 16:47-10.5, must be executed prior to the Department review of step two of the two-step application review process.

(h) Step two submissions will be reviewed for checklist completeness to determine that all items described at N.J.A.C. 16:47-9.5(d)have been received. Within 15 days of receipt of the application, the Department will notify the applicant and designated contact person whether the submission is checklist complete or incomplete. The technical review of the step two submission will not commence until it is deemed checklist complete and the developer's agreement has been executed.

(i) If the submission is deemed incomplete, the Department will prepare a written notice of deficiency that lists all items that must be submitted in order for the submission to be checklist complete. The applicant shall have 90 days from the date of the notice to submit the missing checklist items or the application will be considered withdrawn. After receipt of the applicant's response to the deficiency notice, the applicant will be notified within 15 days if the application is now deemed checklist complete. If an applicant responds within 90 days, but fails to satisfactorily resolve the deficiencies, a third submittal will be accepted within 30 days before the application will be considered withdrawn. Failure to resolve the noted deficiency within three submittals will result in the application being considered withdrawn. The Department will not reconsider applications considered withdrawn unless a new application and application fee are submitted.

(j) A technical review of the step two submission will commence once the application is deemed checklist complete. Within 90 days the Department will notify the applicant and designated contact person, in writing, that the access application is technically acceptable or issue the applicant a notice of technical deficiency.

(k) The notice of technical deficiency will itemize all deficiencies that must be addressed in order for the application to be technically acceptable. The notice will be made in writing and the applicant shall respond to the notice within 90 days from the date of the notice. If an applicant fails to respond and correct the requested deficient items within 90 days, the application may be considered withdrawn and reconsideration of the application may require a new application and application fee. Within 90 days of receipt of the applicant's response to the notice of technical deficiency, the Department will notify the applicant if the technical deficiencies have been satisfactorily resolved.

(l) If the applicant's response fails to satisfactorily resolve the technical deficiencies, the permit will be denied unless further technical reviews are determined appropriate by the Department.

(m) Additional review time may be required for applications that include work associated with a traffic signal, drainage improvements, structural review, or for Federal Highway Administration review of work on or affecting interstate highways, interchanges, or ramps. The Department will advise the applicant and designated contact person, in writing, of any anticipated additional reviews.

(n) If the step two submission is deemed technically acceptable, the Department will issue a written notice of permit approval with appropriate permit documents to the applicant.

(o) Approved permits must be executed pursuant to N.J.A.C. 16:47-10.2.

N.J. Admin. Code § 16:47-9.7

Adopted by 50 N.J.R. 1534(b), effective 7/16/2018