N.J. Admin. Code § 7:50-4.38

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:50-4.38 - Decision on review

(a) Determination by Executive Director: If no hearing is requested by the applicant, the local permitting agency or any Page 130 50 N.J.R. 969(a) interested person pursuant to N.J.A.C. 7:50-4.37(b), the Executive Director shall, within 60 days after the time to request a hearing has expired, review the application, all other information in the file including any staff reports and the local approval and determine whether the preliminary approval is in conformance with the minimum standards of this Plan and the provisions of the relevant certified local ordinance. The Executive Director may recommend the Commission approve the preliminary approval, approve the preliminary approval with conditions, or disapprove the preliminary approval. The Executive Director shall give written notification of his or her findings and conclusions to the applicant, the Commission, the local approving agency, all persons who have individually submitted information concerning the application, all persons who have requested a copy of said determination, and any person, organization, or agency that has registered under N.J.A.C. 7:50-4.3(b)2 i(2).

(b) Review by the Commission: If a hearing is requested pursuant to 7:50-4.37(b), the Commission shall, upon receipt of the findings of fact and recommendations of the Administrative Law Judge, review such findings and recommendation, the application, the file and the record of the hearing only, and approve, approve with conditions or disapprove the preliminary approval. If no hearing is requested pursuant to 7:50-4.37(b), the Commission shall, after receipt of the Executive Director's recommendation, review said recommendation, the application, other material in the file including any staff reports and the local approval only and approve, approve with conditions or disapprove the preliminary approval.

(c) Standards: Preliminary approvals shall be approved or approved with conditions only if the Commission determines that the development as proposed, or with any conditions which are imposed, conforms to the minimum standards established by 7:50-4.16 and the provisions of the relevant certified local ordinance.

(d) Effect of determination.

1. If the Commission disapproves any preliminary approval of an application for development, the local permitting agency shall, within 30 days, revoke such preliminary approval and, thereafter, deny such application.

2. If the Commission approved a preliminary approval subject to conditions, the local permitting agency shall, within 30 days, modify its preliminary approval to include all conditions imposed by the Commission, and shall grant final approval only if the application for final approval demonstrates that such conditions have been or will be met by the applicant.

N.J. Admin. Code § 7:50-4.38

Amended by 50 N.J.R. 969(a), effective 3/5/2018