N.J. Admin. Code § 7:38-11.2 - Completeness review of Highlands Applicability Determinations

Current through Register Vol. 54, No. 7, April 4, 2022

(a) Within 20 working days after the day of receipt of an application, the Department shall review the application as follows:
1. If all items required by the application checklist and/or application form are provided, the Department shall declare the application administratively complete.
2. If an item submitted to the Department is obviously deficient, the item shall be deemed missing from the application and the Department shall declare the application administratively incomplete.
(b) If the application is not administratively complete, the Department shall return a copy of the application to the applicant with a list of the missing and deficient items. If the applicant does not submit the listed information within 30 days of the date of request or obtain an extension pursuant to (b)2 below, the Department shall deem the application administratively closed and shall so notify the applicant in writing.
1. If the application is resubmitted within 30 days of the date the Department returns the deficient application, the original application fee will be credited toward the resubmitted application. If the applicant does not resubmit an application, the applicant has 30 days to request a fee refund upon request. If the Department does not receive a resubmitted application or a request for a fee refund within the 30 days, the Department shall deem the application administratively closed, and so notify the applicant in writing.
2. If, within 30 days of a Department return of a deficient application, the applicant submits a letter providing good cause for an extension, the Department shall extend the deadline for submission of the information an additional 15 days or as it deems appropriate.
3. The applicant may submit the revised application without repeating the public notice requirements of 7:38-9.2(b)5 if the revised application is:
i. Submitted within 30 days after the date the Department returned the original submittal; and
ii. Sufficiently similar to the original submittal that the original public notice provides reasonable notice of the nature and extent of the new submittal to potential interested parties.
(c) If the application is deemed administratively complete, the Department shall:
1. So notify the applicant in writing;
2. Publish notice of the application in the DEP Bulletin; and
3. Review the application for technical completeness:
i. If each application item is adequate to allow the Department to determine if the proposed project complies with this chapter, the Department shall declare the application technically complete.
ii. If the application is not technically complete, the Department shall request any additional information necessary for technical completeness.
(d) If the Department requests additional information under (c)3ii above, the applicant shall provide copies of the additional information to the persons who received a copy of the initial application under 7:38-9.2(b)5 (public notice requirements for Highlands Applicability Determinations).
(e) If a person submits an application and does not receive a response from the Department within the deadlines imposed in this subchapter, the application shall not be deemed approved.

Notes

N.J. Admin. Code § 7:38-11.2
New Rule, R.2006 d.420, effective 12/4/2006.
See: 37 N.J.R. 4767(a), 38 N.J.R. 5011(a).
Former N.J.A.C. 7:38-11.2, Completeness review for Highlands Applicability Determinations, HRADs and HPAAs, recodified to N.J.A.C. 7:38-11.3.

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