N.J. Admin. Code § 7:38-11.8

Current through Register Vol. 56, No. 19, October 7, 2024

Section 7:38-11.8 - Cancellation, withdrawal, resubmission and amendment of applications for HPAAs, Highlands general permits, HPAAs with waiver, HRADs or Highlands Applicability Determinations

(a) The Department shall be entitled to cancel an application if the Department submits a request to the applicant in writing for additional information and the applicant does not submit that information within 30 days of the date of the request. Before canceling an application, the Department shall send the applicant a letter stating that the application will be cancelled. If, within 15 days of the date of the Department's letter, the applicant submits the information, or a letter providing good cause for the delay, the Department shall extend the time required for submission of the information as it deems appropriate. If the applicant does not submit the information or a letter providing good cause, the application shall be deemed cancelled as of the date of the Department's last letter to the applicant.

(b) If the Department cancels an application, the application fee will not be refunded. A new application, including a new application fee, will be required if the applicant wishes to pursue the project.

(c) An applicant may withdraw an application at any time in the application review process. For all applications other than a Highlands Applicability Determination, if an application is withdrawn, the application fee will not be refunded. However, if the requirements of (e)2 below are met, the fee may be credited toward a future application.

(d) If the Department cancels an application, or if the applicant withdraws an application, the applicant may resubmit an application for a revised project on the same site. The Department will treat the submission as a new application. The fees for the resubmitted application shall be as follows:

1. If the Department cancelled the original application under (b) above, a new fee under N.J.A.C. 7:38-10 will be required;

2. If the applicant withdrew the original application under (d) above, and resubmits the application within one year of the date of withdrawal, the original application fee will be credited to the new application.

(e) An applicant may choose to amend an application as part of the review process. If an applicant amends an application:

1. The applicant shall provide a copy of the new or amended information to the same persons who received a complete copy of the initial application under 7:38-9.2(b)5 (public notice requirements for Highlands Applicability Determinations), 9.4(b)2 (public notice requirements for HRADs) or 9.5(a)3 (public notice requirements for HPAAs). The information need not be provided to persons who received only a notice of the application, unless the Department determines that the new or amended information will increase the environmental impact of the project; and

2. The amendments shall constitute a new submission and the Department may, at its discretion, require reinitiation of the entire application and review process, particularly if the amendments are significant and/or a public hearing has already been held.

(f) If the Department denies an application, the applicant may resubmit an application for a revised project on the same site. The Department will treat this submission as a new application requiring a fee in accordance with N.J.A.C. 7:38-10.

N.J. Admin. Code § 7:38-11.8

Recodified from N.J.A.C. 7:38-11.7 and amended by R.2006 d.420, effective 12/4/2006.
See: 37 N.J.R. 4767(a), 38 N.J.R. 5011(a).
Section was "Cancellation, withdrawal, resubmission and amendment of applications for HPAAs, HPAAs with waiver, HRADs or Highlands Applicability Determinations". In (c), substituted "For all applications other than a Highlands Applicability Determination, if" for "If"; former (g) recodified to (f) to correct the omission of designation (f).