N.J. Admin. Code § 7:7-24.4

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

Section 7:7-24.4 - Additional requirements for public notice of an application for a CAFRA individual permit

(a) An applicant for a CAFRA individual permit shall publish newspaper notice, pursuant to 7:7-24.5, of the application in the time frame set forth at 7:7-24.2(b).

(b) An applicant for a CAFRA individual permit shall provide notice of the public comment period on the application when the Department schedules the public comment period in accordance with 7:7-26.4. The notice shall include the information listed in (d)1 below and shall be sent to all of the following:

1. The municipal clerk in each municipality in which the project is located;

2. The environmental commission, or other government agency with similar responsibilities, of each municipality in which the project is located;

3. The planning board of each municipality in which the project is located; and

4. All owners of real property, including easements, located within 200 feet of the property boundary of the site in the manner set forth in the Municipal Land Use Law at 40:55D-12.b, unless the proposed development is one of those listed at (c)1 through 4 below, in which case the notice shall be provided as set forth in (d) below. The owners of real property, including easements, shall be those on a list that was certified by the municipality. The date of certification of the list shall be no earlier than one year prior to the date the application is submitted to the Department.

(c) An applicant for a CAFRA individual permit for a development listed at (c)1 through 5 below shall provide the notice required at (b)4 above by publishing newspaper notice and, in addition, sending the notice described at (d) below, in the manner set forth in the Municipal Land Use Law at N.J.S.A. 40:55D-12.b, to all owners of real property, including easements, within 200 feet of any proposed above ground structure that is part of the proposed development, such as a pumping station, treatment plant, groin, bulkhead, revetment or gabion, or dune walkover:

1. A linear project of one-half mile or longer;

2. A shore protection development, including beach nourishment, beach and dune maintenance, or dune creation of one-half mile or longer;

3. A public development on a site of 50 acres or more;

4. An industrial or commercial development on a site of 100 acres or more; or

5. Maintenance dredging of a State navigation channel of one-half mile or longer.

(d) The public notice required at (b) and (c) above, other than newspaper notice, shall include all of the following:

1. A brief description of the proposed project;

2. The DEP file number;

3. A site plan, showing the location and boundaries of the project site and depicting the proposed development in relationship to existing site conditions. This need not be a full set of plans and may be shown on one 8 1/2 inch by 11 inch sheet of paper provided the scale is legible and the location of the project in relation to the property boundary is clearly shown; and

4. A copy of the form notice letter, available from the Department's website as set forth at 7:7-1.6. The form notice letter explains that: an application will be submitted to the Department for the specific development depicted on the enclosed site plan; a complete copy of the application is available to be reviewed at either the municipal clerk's office or by appointment at the Department's Trenton Office; and comments or information on the proposed development and site may be submitted to the Department at the address set forth at 7:7-1.6 within 15 calendar days of receipt of the letter.

(e) An applicant for a CAFRA individual permit shall provide notice of the public hearing on the application when the Department determines, in accordance with 7:7-26.5, that a public hearing is necessary. The notice shall be provided in the same manner as the notice of a public comment period under (b) through (d) above, and shall include the date, place, and time of the hearing as set by the Department pursuant to 7:7-26.5(b).

N.J. Admin. Code § 7:7-24.4

Adopted by 47 N.J.R. 1392(a), effective 7/6/2015

Amended by 49 N.J.R. 3849(a), effective 12/18/2017