reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 13 - REQUIREMENTS FOR IMPERVIOUS COVER AND VEGETATIVE COVER FOR GENERAL LAND AREAS AND CERTAIN SPECIAL AREAS › Section 7:7-13.3 - Impervious cover requirements that apply to sites in the upland waterfront development and CAFRA areas

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This
				section sets forth impervious cover requirements that apply to sites in the
				upland waterfront development and CAFRA areas. Impervious cover limits,
				specific to each of these areas, are found at
				7:7-13.13 and 13.17.
(b) A stormwater management facility is not
				counted toward the impervious cover limit for a site.
(c) A solar panel is not counted toward the
				impervious cover limit for a site. However, the base or foundation of the solar
				panel, plate, canopy, or array shall be counted toward the impervious cover on
				the site.
(d) The impervious cover
				allowed on a site shall be placed on the net land area on the site, as
				determined at (e) below, and in addition, for an unforested site under
				7:7-13.13(b)3  or
				13.17(e)2, the impervious cover shall be placed on the area covered by
				buildings and/or asphalt or pavement legally existing on the site at the time
				the application is submitted to the Department. If the amount of impervious
				cover calculated is greater than the net land area of the site, the acreage of
				the impervious cover allowed on the site shall be the acreage of the net land
				area. The placement of impervious cover may be further restricted by other
				provisions in this chapter. For example, placement of impervious cover would be
				discouraged in critical wildlife habitat under
				7:7-9.37.
(e) To determine the acreage of the net land
				area on a site:
1. Determine the acreage of
				the total land area on the site;
2.
				Identify all areas on the site that are classified as one of the following
				special water's edge areas:
i. Dunes
				(7:7-9.16 );
ii. Bay islands (7:7-9.21 );
iii. Beaches (7:7-9.22 );
iv. Wetlands (7:7-9.27 );
v. Wetland buffers (7:7-9.28 );
vi. Coastal bluffs (7:7-9.29 ); and
vii. Intermittent stream corridors
				(7:7-9.30 );
3. Sum the acreage of the land areas
				identified in (e)2 above;
4.
				Subtract (e)3 above from (e)1 above; and
5. The result is the net land area to be used
				in calculating the impervious cover limits under
				7:7-13.13 and 13.17.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 13 - REQUIREMENTS FOR IMPERVIOUS COVER AND VEGETATIVE COVER FOR GENERAL LAND AREAS AND CERTAIN SPECIAL AREAS › Section 7:7-13.4 - Vegetative cover requirements that apply to sites in the upland waterfront development and CAFRA areas

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This
				section sets forth vegetative cover requirements that apply to sites in the
				upland waterfront development and CAFRA areas. Vegetative cover percentages,
				specific to each of these areas, are found at
				7:7-13.14 and 13.18. More trees may
				be planted or preserved than required, and if so, the herb/shrub area shall be
				reduced proportionately.
(b) If a
				site is located in the urban area region or northern waterfront region as
				defined at 7:7-13.6(d)1  and
				2, respectively, in the upland waterfront development area; or if a site is
				located in a CAFRA center, CAFRA core, or CAFRA node; or if the area of trees
				on a site required to be planted and/or preserved as calculated under (b)1
				below is smaller than one acre, the vegetative requirements with respect to
				trees are as follows:
1. The area (in acres)
				of the site that shall be planted in trees and/or preserved in trees is
				calculated under
				7:7-13.14 or 13.18; and
2. The area (in acres) of the site that would
				have been required under
				7:7-13.14 or 13.18 to be planted
				and/or preserved in trees is not subject to (d) or (e) below but shall instead
				be planted and/or preserved in a mix of trees and herb/shrub vegetation adapted
				to the substrate and other environmental conditions of the site.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 13 - REQUIREMENTS FOR IMPERVIOUS COVER AND VEGETATIVE COVER FOR GENERAL LAND AREAS AND CERTAIN SPECIAL AREAS › Section 7:7-13.5 - Determining if a site is forested or unforested

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The vegetative cover percentage that
				applies to a site in the upland waterfront development area or CAFRA area
				varies depending on whether the site is forested. If only a portion of a site
				is forested, separate vegetative cover percentages shall be calculated for the
				forested and unforested portions of the site.
(b) The following will be considered to be
				unforested for the purposes of determining vegetative cover percentages:
1. A site that is smaller than one acre;
				and
2. An area of trees, smaller
				than one acre, that is surrounded on all sides by areas with fewer than one
				tree per 100 square feet.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 13 - REQUIREMENTS FOR IMPERVIOUS COVER AND VEGETATIVE COVER FOR GENERAL LAND AREAS AND CERTAIN SPECIAL AREAS › Section 7:7-13.6 - Upland waterfront development area regions and growth ratings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The growth
				rating for a site in the upland waterfront development area is determined by
				the region in which it is located, and the growth rating assigned to that
				region.
(b) The growth ratings are
				as follows:
1. A development growth rating is
				assigned to regions of the upland waterfront development area that are already
				largely developed. Development in regions with this growth rating is preferred
				over development in regions with limited growth and extension growth
				ratings;
2. An extension growth
				rating is assigned to regions of the upland waterfront development area that
				qualify for neither a development growth rating nor a limited growth rating;
				and
3. A limited growth rating is
				assigned to regions of the upland waterfront development area that contain
				large environmentally sensitive areas.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 13 - REQUIREMENTS FOR IMPERVIOUS COVER AND VEGETATIVE COVER FOR GENERAL LAND AREAS AND CERTAIN SPECIAL AREAS › Section 7:7-13.7 - Determining the environmental sensitivity of a site in the upland waterfront development area

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				environmental sensitivity of a site in the upland waterfront development area
				is based on the soil type and the depth to seasonal high water table or the
				presence of paving or structures. Different portions of a site may have
				different environmental sensitivities.
(b) A site or portion of a site has a high
				environmental sensitivity if it has wet or high permeability moist soils.
1. Wet or high permeability moist soils are
				soils with a depth to seasonal high water table of three feet or less, unless
				the soils are loamy sand or coarser as defined by the United States Department
				of Agriculture's Soil Texture Triangle, in which case they are soils with a
				depth to seasonal high water table of four feet or less.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 13 - REQUIREMENTS FOR IMPERVIOUS COVER AND VEGETATIVE COVER FOR GENERAL LAND AREAS AND CERTAIN SPECIAL AREAS › Section 7:7-13.8 - Determining the development potential of a site in the upland waterfront development area

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Development
				potential is determined by the type of development proposed and the presence or
				absence of certain development-oriented elements at or near the site of the
				proposed development, including roads; wastewater conveyance, treatment and
				disposal system; and existing development. Development potential may be high,
				medium or low, as determined under
				7:7-13.9 through 13.11. A single
				development potential applies to an entire site.
(b) If a development proposed on a site is
				inconsistent with the applicable Areawide Water Quality Management Plan adopted
				under N.J.A.C. 7:15, the development potential cannot be determined for the
				site. Any development that is inconsistent with the applicable Areawide Water
				Quality Management Plan is prohibited under
				7:7-16.3(b).
(c) The types of development are:
1. Residential or minor commercial
				development, which includes housing, hotels, motels, minor commercial
				facilities of a neighborhood or community scale with 700 or fewer parking
				spaces and less than 100,000 square feet of enclosed building area, and mixed
				use developments that are predominantly residential. For the purposes of this
				section and
				7:7-13.9, residential or minor
				commercial development also includes libraries, daycare centers, municipal or
				other government administrative, public works, or emergency service buildings,
				and churches, synagogues, or other houses of worship;
2. Major commercial or industrial
				development, which includes all industrial development, warehouses, offices,
				manufacturing plants, energy facilities, wholesale and major shopping centers
				with more than 100,000 square feet of enclosed building area, and major parking
				facilities with more than 700 parking spaces. For the purposes of this section
				and 7:7-13.10, major commercial or
				industrial development also includes solid waste facilities and wastewater
				treatment plants; and
3. Campground
				development, which provides facilities for visitors to enjoy the natural
				resources of the State. Typically, this type of development is suited to sites
				somewhat isolated from other development and with access to water, beach,
				forest and other natural amenities.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 13 - REQUIREMENTS FOR IMPERVIOUS COVER AND VEGETATIVE COVER FOR GENERAL LAND AREAS AND CERTAIN SPECIAL AREAS › Section 7:7-13.9 - Determining the development potential for a residential or minor commercial development site in the upland waterfront development area

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Subject to the limitation at
				7:7-13.8(c)1, the
				development potential for a residential development site or a minor commercial
				development site in the upland waterfront development area is determined using
				(b) through (d) below.
(b) A site
				upon which a residential or minor commercial development is proposed is a high
				development potential site if it meets all of the requirements at (b)1 through
				4 below:
1. An existing paved public road
				abuts the site;
2. If an offsite
				wastewater conveyance, treatment and disposal system is to be used:
i. The existing conveyance component of the
				system abuts the site; and
ii. The
				existing wastewater conveyance, treatment and disposal system has adequate
				capacity to convey, treat, and dispose of the sewage from the proposed
				development, or the applicant has an agreement with the sewage authority to
				modify the system to provide adequate capacity; and
3. A majority of the perimeter of the site,
				excluding wetlands or surface water areas or land areas abutting limited access
				transportation corridors, is adjacent to or across a public road or railroad
				from land that is developed, or a majority of the area, excluding wetlands or
				surface water areas, within 1,000 feet of the site is developed. For the
				purposes of this paragraph, developed land consists of that part of a property
				where one of the developments listed below is located and does not include any
				undeveloped portions of the property that surround the developed portion:
i. Residential development at densities of at
				least one dwelling unit per acre;
ii. Commercial development;
iii. Industrial development, including
				warehouses;
iv. Schools and other
				public institutions;
v. Ball
				fields;
vi. Those areas of public
				parks developed for active recreational use; or
vii. Transportation facilities including
				train stations and airfields; and
4. If the site is located in a region with a
				limited growth or extension growth rating, the site shall, in addition to
				meeting the requirements at (b)1 through 3 above, be located one-half mile or
				less from the nearest existing commercial or industrial development that has
				more than 20,000 square feet of enclosed building area within a single
				facility.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 13 - REQUIREMENTS FOR IMPERVIOUS COVER AND VEGETATIVE COVER FOR GENERAL LAND AREAS AND CERTAIN SPECIAL AREAS › Section 7:7-13.10 - Determining the development potential for a major commercial or industrial development site in the upland waterfront development area

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Subject to the limitations at
				7:7-13.8(c)2, the
				development potential for a major commercial or industrial development site in
				the upland waterfront development area is determined under (b) through (d)
				below.
(b) A site upon which a
				major commercial or industrial development is proposed is a high development
				potential site if it meets all of the requirements at (b)1 through 4 below:
1. An existing paved public road abuts the
				site;
2. If an offsite wastewater
				conveyance, treatment and disposal system is to be used:
i. The existing conveyance component of the
				system abuts the site; and
ii. The
				existing wastewater conveyance, treatment and disposal system has adequate
				capacity to convey, treat, and dispose of the sewage from the proposed
				development, or the applicant has an agreement with the sewage authority to
				modify the system to provide adequate capacity;
3. A part of the perimeter of the site is
				adjacent to, or immediately across a paved road from, existing major commercial
				or industrial development, or, in a region with a development growth rating,
				the site is adjacent to or immediately across a paved road from any existing
				commercial development; and
4. In
				a region with a limited growth or extension growth rating, the site is located
				either:
i. For a major commercial
				development, within two miles of an existing intersection with a limited access
				highway; or
ii. For an industrial
				development, either within:
(1) Two miles of
				an existing intersection with a limited access highway; or
(2) One-half mile of a freight rail line that
				shall be used, or the applicant has a written agreement with the owner of a
				freight rail line to obtain freight rail service directly to the
				site.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 13 - REQUIREMENTS FOR IMPERVIOUS COVER AND VEGETATIVE COVER FOR GENERAL LAND AREAS AND CERTAIN SPECIAL AREAS › Section 7:7-13.11 - Determining the development potential for a campground development site in the upland waterfront development area

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Subject to the limitations at
				7:7-13.8(c)3, the
				development potential for a campground development site in the upland
				waterfront development area is determined using (b) through (d)
				below.
(b) A site upon which a
				campground development site is proposed is a high development potential site if
				it meets all of the requirements at (b)1 through 3 below:
1. An existing paved public or private road
				abuts the site;
2. If an offsite
				wastewater conveyance, treatment and disposal system is to be used:
i. The existing conveyance component of the
				system abuts the site; and
ii. The
				existing wastewater conveyance, treatment and disposal system has adequate
				capacity to convey, treat, and dispose of the sewage from the proposed
				development, or the applicant has an agreement with the sewage authority to
				modify the system to provide adequate capacity; and
3. The land surrounding the site is natural;
				undeveloped; contains beaches, streams, or forests; and is readily accessible
				by foot to campground users.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 13 - REQUIREMENTS FOR IMPERVIOUS COVER AND VEGETATIVE COVER FOR GENERAL LAND AREAS AND CERTAIN SPECIAL AREAS › Section 7:7-13.12 - Determining the development intensity of a site in the upland waterfront development area

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				development intensity for a site in the upland waterfront development area is
				based on growth rating, environmental sensitivity, and development potential.
				Tables A through C below are used to determine the development intensity of a
				site or portion of a site. Because environmental sensitivity may be different
				for different portions of a site, development intensity can also be different
				for different portions of a site.
(b) To determine the development intensity
				for a site:
1. Determine the growth rating
				for the site under
				N.J.A.C.
				7:7-13.6;
2. Determine the environmental sensitivity
				for each portion of the site under
				N.J.A.C.
				7:7-13.7;
3. Determine the development potential for
				the site based on the site and the type of development under
				N.J.A.C.
				7:7-13.8 through 13.11;
4. Consult Table A, B, or C below as follows:
i. For a site with a development growth
				rating, consult Table A;
ii. For a
				site with an extension growth rating, consult Table B; and
iii. For a site with a limited growth rating,
				consult Table C.
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New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 13 - REQUIREMENTS FOR IMPERVIOUS COVER AND VEGETATIVE COVER FOR GENERAL LAND AREAS AND CERTAIN SPECIAL AREAS › Section 7:7-13.13 - Impervious cover limits for a site in the upland waterfront development area

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a site or
				portion of a site is forested, as determined under
				7:7-13.5, the impervious cover
				limit is the acreage of the net land area on the site or portion as determined
				under 7:7-13.3(e),
				multiplied by the impervious cover percentage in Table D below for the
				development intensity that applies to the site or portion, as determined under
				7:7-13.12.
(b) If a site or portion of a site is
				unforested, as determined under
				7:7-13.5, the impervious cover
				limit is the limit at (b)1, 2, or 3 below, whichever is higher:
1. The acreage of the net land area on the
				site or portion, as determined under
				7:7-13.3(e),
				multiplied by the impervious cover percentage in Table E below for the
				development intensity that applies to the site or portion, as determined under
				7:7-13.12;
2. For a site located in the northern
				waterfront region or urban area region, as determined under
				7:7-13.6(d), the
				amount of existing impervious cover located on a site as determined under (c)
				below; or
3. For a site located in
				a region other than those identified at (b)2 above, the acreage covered by
				buildings and/or asphalt or concrete pavement legally existing on the site at
				the time the application is submitted to the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 13 - REQUIREMENTS FOR IMPERVIOUS COVER AND VEGETATIVE COVER FOR GENERAL LAND AREAS AND CERTAIN SPECIAL AREAS › Section 7:7-13.14 - Vegetative cover percentages for a site in the upland waterfront development area

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The area (in
				acres) on a site in the upland waterfront development area in which trees
				and/or herb/shrub vegetation shall be planted or preserved is calculated as
				follows:
1. To determine the area (in acres)
				of tree preservation and/or tree planting on the site:
i. Identify the forested and/or unforested
				portions of the site, as determined under
				N.J.A.C.
				7:7-13.5;
ii. If a site or portion of a site identified
				at (a)1i has more than one development intensity, further divide that site or
				portion into smaller portions based on their respective development
				intensities;
iii. For each forested
				site or portion identified at (a)1ii above, multiply the acreage of the net
				land area on the site or portion, as determined under
				N.J.A.C.
				7:7-13.3(e), by the tree
				preservation and tree planting percentages in Table F below for the development
				intensity that applies to the site or portion, as determined under
				N.J.A.C.
				7:7-13.12; and
iv. For each unforested site or portion
				identified at (a)1ii above, multiply the acreage of the net land area on the
				site or portion, as determined under
				N.J.A.C.
				7:7-13.3(e), by the tree
				planting percentage in Table G below for the development intensity that applies
				to the site or portion, as determined under
				N.J.A.C.
				7:7-13.12; and
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 13 - REQUIREMENTS FOR IMPERVIOUS COVER AND VEGETATIVE COVER FOR GENERAL LAND AREAS AND CERTAIN SPECIAL AREAS › Section 7:7-13.15 - Coastal Planning Areas in the CAFRA area

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For purposes of this subchapter and
				consistent with all other rules in this chapter, descriptions and policy
				objectives for the Coastal Planning Areas in the CAFRA area are set forth in
				(b) through (f) below.
(b) The
				Coastal Metropolitan Planning Area includes a variety of communities on the New
				Jersey coast. This Coastal Planning Area generally has a high population
				density and existing public water and sewer systems. The policy objectives for
				the Coastal Metropolitan Planning Area are as follows:
1. Guide development and redevelopment to
				ensure efficient use of scarce land while capitalizing on the inherent public
				facility and service efficiencies of concentrated development
				patterns;
2. Accommodate a variety
				of housing choices through development and redevelopment;
3. Promote economic development by
				encouraging redevelopment efforts such as infill, consolidation of property,
				and infrastructure improvements, and by supporting tourism and related
				activities;
4. Promote high-density
				development patterns in coastal urbanized areas to encourage the design and use
				of public transit and alternative modes of transportation to improve air
				quality, to improve travel among population and employment centers and
				transportation terminals, and to promote transportation systems that address
				the special seasonal demands of travel and tourism along the coast;
5. Encourage the reclamation of
				environmentally damaged sites and mitigate future negative impacts,
				particularly to waterfronts, beaches, scenic vistas, and habitats;
6. Promote public recreation opportunities in
				development and redevelopment projects, and ensure meaningful public access to
				coastal waterfront areas; and
7.
				Encourage the repair or replacement of existing infrastructure systems where
				necessary to ensure that existing and future development will cause minimal
				negative environmental impacts.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 13 - REQUIREMENTS FOR IMPERVIOUS COVER AND VEGETATIVE COVER FOR GENERAL LAND AREAS AND CERTAIN SPECIAL AREAS › Section 7:7-13.17 - Impervious cover limits for a site in the CAFRA area

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The impervious cover limit for a site in
				the CAFRA area shall be determined as follows:
1. If a site is located in a CAFRA center,
				CAFRA core, or CAFRA node, the impervious cover limit is determined under (c)
				below. Note that the impervious cover limit for such a site is calculated based
				on the acreage of the total land area on the site, as opposed to the acreage of
				the net land area on the site;
2.
				If a site is not located in a CAFRA center, CAFRA core, or CAFRA node but is
				located in the Coastal Metropolitan Planning Area or in a coastal center, the
				impervious cover limit is determined under (d) below;
3. If a site is not located in a CAFRA
				center, CAFRA core, or CAFRA node, and is not located in the Coastal
				Metropolitan Planning Area or in a coastal center, the impervious cover limit
				is determined under (e) below; and
4. If a site is located on a military
				installation, the impervious cover limit is determined under (f)
				below.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 13 - REQUIREMENTS FOR IMPERVIOUS COVER AND VEGETATIVE COVER FOR GENERAL LAND AREAS AND CERTAIN SPECIAL AREAS › Section 7:7-13.18 - Vegetative cover percentages for a site in the CAFRA area

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The area (in
				acres) on a site in the CAFRA area in which trees and/or herb/shrub vegetation
				shall be planted or preserved is calculated as follows:
1. To determine the area (in acres) of tree
				preservation and/or tree planting on the site:
i. Determine the location of the site for
				purposes of determining applicable vegetative cover percentages using the
				method described at
				7:7-13.18(b);
ii. Identify the forested or unforested
				portions of the site, as determined under
				7:7-13.5; and
iii. For each forested site or portion
				identified at (a)1ii above, multiply the acreage of the net land area on the
				forested site or forested portion as determined under
				7:7-13.3(e), by
				the tree preservation percentage in Table I below for the site location that
				applies to the site or portion, as determined under (a)1i above; and
iv. For each unforested site or portion
				identified at (a)1ii above, multiply the acreage of the net land area on the
				site or portion, as determined under
				7:7-13.3(e), by
				the tree planting percentage in Table I below for the site location that
				applies to the site or portion, as determined under (a)1i above; and
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 13 - REQUIREMENTS FOR IMPERVIOUS COVER AND VEGETATIVE COVER FOR GENERAL LAND AREAS AND CERTAIN SPECIAL AREAS › Section 7:7-13.19 - Mainland coastal centers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) On
				March 15, 2007, the boundaries delineated by the Department for mainland
				coastal centers not located on barrier islands, oceanfront spits, or peninsulas
				in the CAFRA area expired. The expired boundaries were re-established under the
				Permit Extension of Act of 2008 as amended January 18, 2010, September 19,
				2012, and December 26, 2014. The boundaries of mainland coastal centers are
				described in Appendix J of this chapter.
(b) The boundaries of the mainland coastal
				centers established in accordance with (a) above shall expire in accordance
				with P.L.
				2012, c. 48 on December
				31, 2015. On and after the expiration of the mainland coastal centers, the
				impervious cover limits and vegetative cover percentages for all sites in the
				CAFRA area, except for sites in the non-mainland coastal centers in Appendix H
				of this chapter, shall be determined in accordance with
N.J.A.C.
				7:7-13.17(c)
, (e),
				or (f).
(c) To reflect changes in
				mainland coastal centers occurring after February 6, 2006, the Department shall
				publish in the New Jersey Register a notice of administrative change when the
				boundaries of a mainland coastal center expire under (b) above.
(d) The areas identified at (d)1 through 6
				below shall not be considered part of a mainland coastal center, except for
				purposes of (f) below:
1. Areas mapped as
				endangered or threatened wildlife species habitat on the Department's Landscape
				Maps of Habitat for Endangered, Threatened or Other Priority Species. The data
				are available from the Department's Division of Fish and Wildlife, Endangered
				and Nongame Species Program at
http://www.nj.gov/dep/fgw/ensp/landscape/index.htm
;
2. Areas mapped as Natural Heritage Program
				priority sites, excluding those lands within the boundaries of these sites
				mapped in the URBAN lands layer extracted from the most recent NJDEP Land
				Use/Land Cover GIS data set. Both the Natural Heritage Program priority site
				data and the URBAN lands data are available as a download at the following
				webpage:
http://www.nj.gov/dep/gis/listall.html
;
3. Land that is owned by Federal, State,
				county or municipal agencies or conservation organizations and dedicated to
				recreation, conservation of natural resources, wildlife protection, or wildlife
				management;
4. Special water
				resource protection areas along a Category One water established under the
				Stormwater Management rules, N.J.A.C. 7:8. Surface waters that are designated
				Category One are listed in the Surface Water Quality Standards at N.J.A.C.
				7:9B;
5. Wetlands as defined at
				7:7-9.27; and
6. Areas identified as Coastal Critical
				Environmental Sites. The data are available as a download at the following
				webpage:
http://www.nj.gov/dep/gis/listall.html
.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 14 - GENERAL LOCATION RULES › Section 7:7-14.1 - Rule on location of linear development

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A linear development shall comply with
				the specific location rules to determine the most acceptable route, to the
				maximum extent practicable. If part of the proposed alignment of a linear
				development is found to be unacceptable under the specific location rules (for
				example, the proposed alignment does not result in the linear development
				impacting the least possible area), that alignment may nonetheless be
				acceptable, provided the following conditions are met:
1. There is no prudent or feasible
				alternative alignment which would have less impact on sensitive areas and
				marine fish or fisheries, as defined at
				7:7-16.2;
2. There will be no permanent or long-term
				loss of unique or irreplaceable areas;
3. Appropriate measures will be used to
				mitigate adverse environmental impacts to the maximum extent feasible, such as
				restoration of disturbed vegetation, habitats, and land and water features; and
4. The alignment is located on or
				in existing transportation corridors and alignments, to the maximum extent
				practicable.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 14 - GENERAL LOCATION RULES › Section 7:7-14.2 - Basic location rule

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A location
				may be acceptable for development under N.J.A.C. 7:7-9, 12, 13, and 14, but the
				Department may reject or conditionally approve the proposed development of the
				location as reasonably necessary to:
1.
				Promote the public health, safety, and welfare;
2. Protect public and private property,
				wildlife and marine fisheries; and
3. Preserve, protect and enhance the natural
				environment.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 14 - GENERAL LOCATION RULES › Section 7:7-14.3 - Secondary impacts

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Secondary impacts are the effects of additional development likely to be
				constructed as a result of the approval of a particular proposal. Secondary
				impacts can also include traffic increases, increased recreational demand and
				any other offsite impacts generated by onsite activities which affect the site
				and surrounding region.
(b) Coastal
				development that induces further development shall demonstrate, to the maximum
				extent practicable, that the secondary impacts of the development will satisfy
				this chapter. The Department may restrict coastal development from connecting
				to an approved infrastructure in order to prevent adverse impacts to special
				areas as defined at N.J.A.C. 7:7-9 and to protect and preserve coastal
				resources.
1. The level of detail and areas
				of emphasis of the secondary impact analysis are expected to vary depending
				upon the type of development. Minor projects may not even require such an
				analysis. Transportation and wastewater treatment systems are the principal
				types of development that require a secondary impact analysis, but major
				industrial, energy, commercial, residential, and other projects may also
				require a rigorous secondary impact analysis.
2. Secondary impact analysis must include an
				analysis of the likely geographic extent of induced development, its
				relationship to the State Development and Redevelopment Plan, an assessment of
				likely induced point and non-point air and water quality impacts, and
				evaluation of the induced development in terms of all applicable special area
				rules, N.J.A.C. 7:7-9; general water area rules, N.J.A.C. 7:7-12; requirements
				for impervious cover and vegetative cover for general land areas and certain
				special areas, N.J.A.C. 7:7-13; location rules, N.J.A.C. 7:7-14; and resource
				rules, N.J.A.C. 7:7-16.
3. Models
				for secondary impact analysis may be found in New Jersey Department of
				Community Affairs, Division of State and Regional Planning, Secondary Impacts
				of Regional Sewerage Systems (1975), and in USEPA, Manual for Evaluating
				Secondary Impacts of Wastewater Treatment Facilities (EPA-600/5-78-003,
				1978).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 15 - USE RULES › Section 7:7-15.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
Many types of development seek to locate in the coastal
				  zone. The second stage in the screening process of the Coastal Zone Management
				  rules involves analysis of appropriate uses of coastal resources. Use rules are
				  rules and conditions applicable to particular kinds of development. Use rules
				  do not preempt location rules which restrict development, unless specifically
				  stated. In general, conditions contained in the use rules must be satisfied in
				  addition to the location rules ( N.J.A.C. 7:7-9 through 14), and the resource
				  rules described in the following subchapter (N.J.A.C. 7:7-16
				  ).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 15 - USE RULES › Section 7:7-15.3 - Resort/recreational

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Resort/recreation uses include the wide range of small and large developments
				attracted to and often dependent upon locations along the coast. These uses
				include hotels, motels, marinas, boating facilities, campgrounds, amusement
				piers, parks and recreational structures such as bathhouses, natural areas,
				open space for active and passive recreation, and linear paths for bicycling
				and jogging.
(b) Standards relevant
				to recreation priority are as follows:
1.
				Each waterfront municipality should contain at least one waterfront park on
				each body of water within the municipality. Municipalities that do not
				currently provide, or have active plans to provide, access to the water will
				not be eligible for Green Acres or Shore Protection Bond Funding.
2. Resort/recreation uses and commercial
				fisheries uses shall have priority over all other uses in Monmouth, Ocean,
				Atlantic, and Cape May counties with highest priority reserved for those uses
				that serve a greater rather than a lesser number of people, and those uses that
				provide facilities for people of all ages and for people with physical
				handicaps.
3. Rationale: The
				national and state interests in recreation are clearly indicated in the coastal
				economy and are essential for the quality of life. The coastal environmental
				provides numerous opportunities for recreation which should be expanded by
				public policy and action, including priority setting.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 15 - USE RULES › Section 7:7-15.4 - Energy facility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Energy
				facilities include facilities, plants or operations for the production,
				conversion, exploration, development, distribution, extraction, processing, or
				storage of energy or fossil fuels. Energy facilities also include onshore
				support bases and marine terminals. Energy facilities do not include operations
				conducted by a retail dealer, such as a gas station, which is considered a
				commercial development.
(b)
				Standards relevant to siting of new energy facilities, including all associated
				development activities, are as follows:
1.
				Energy facilities shall not be sited in special areas as defined at
				7:7-9.1 through 9.40, 9.42, and
				9.44, and marine fish and fisheries areas defined at
				7:7-16.2, unless site-specific
				information demonstrates that such facilities will not result in adverse
				impacts to these areas;
2. Except
				for water dependent energy facilities, energy facilities shall be sited at
				least 500 feet inland of the mean high water line of tidal waters in the
				following areas:
i. The CAFRA area;
				and
ii. The Western Ocean,
				Southern, Mullica Southern Ocean, Great Egg Harbor River, and Delaware Estuary
				regions, as defined at
				7:7-13.6(d);
3. Notwithstanding (b)2 above,
				wind and solar energy facilities, including blades, towers and site disturbance
				shall be sited at least 50 feet inland of the mean high water line of tidal
				waters, excluding manmade lagoons and manmade ditches, in the areas identified
				at (b)2i and ii above, except for the following:
i. A wind energy facility that meets
				7:7-9.47(c)5;
ii. A wind energy facility that meets
				(b)3ii(1) and (2) below. The Department shall limit approvals under this
				subparagraph to ensure that the cumulative number of wind turbines approved
				does not exceed five, each with a power rating as determined by the
				manufacturer of five megawatts or less, or six, each with a power rating as
				determined by the manufacturer of four megawatts or less. The wind energy
				facility shall be:
(1) Located in the
				Atlantic Ocean within State waters between latitude 39 degrees 55 minutes 56
				seconds N (offshore of Seaside Park) and latitude 39 degrees 01 minute 58
				seconds N (offshore of Stone Harbor); and
(2) No closer than 2.5 nautical miles to the
				mean high water line; or
iii. A wind energy facility located on a pier
				provided the facility is an accessory use to the other uses of, or purposes
				for, the pier;
4. Public
				access shall be provided in accordance with the lands and waters subject to
				public trust rights rule,
				7:7-9.48, and the public access
				rule, 7:7-16.9; and
5. The scenic and visual qualities of coastal
				areas shall be maintained as important public resources in the siting of energy
				facilities, pursuant to
				7:7-16.10.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 15 - USE RULES › Section 7:7-15.5 - Transportation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Standards
				relevant to roads are as follows:
1. New road
				construction must be consistent with the rule on location of linear development
				at 7:7-14.1, and shall be limited to
				situations where:
i. A clear need exists,
				taking into account the alternatives of upgrading existing roads and of using
				public transportation to meet the need;
ii. Provision is made to include construction
				of bicycle and foot paths, except where these would not be feasible;
iii. Provision is made to include, where
				appropriate, catwalks and parking access to nearby waterbodies.
iv. Provision is made for coordinated
				construction of public transportation rights-of-way and facilities, such as bus
				lanes, rail lines, and related transit stop or station facilities and parking,
				except where such construction would not be feasible;
v. Visual and physical access to the coastal
				waters is maintained, to the maximum extent practicable; and
vi. Induced development in conflict with
				coastal rules would not be expected to result.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 15 - USE RULES › Section 7:7-15.6 - Public facility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Public
				facilities include a broad range of public works for production, transfer,
				transmission, and recovery of water, sewerage and other utilities. The presence
				of an adequate infrastructure makes possible future development and responds to
				the needs created by present development.
(b) Solid waste facility means any system,
				site, equipment, or building which is utilized for the storage, collection,
				processing, transfer, transportation, separation, recycling, recovering, or
				disposal of solid waste, but shall not include a recycling center, a regulated
				medical waste collection facility authorized pursuant to
N.J.A.C.
				7:26-3A.39
, or an intermodal
				container facility authorized pursuant to
N.J.A.C.
				7:26-3.6
.
1. Solid waste facilities are conditionally
				acceptable provided:
i. Solid waste
				conservation techniques such as recycling, resource and energy recovery, and
				volume reduction are explored and proved infeasible before a new or expanded
				sanitary landfill, preferably at a regional scale, is deemed
				acceptable;
ii. The solid waste
				facility is not located in coastal wetlands as provided at
				7:7-2.3(b); and
				iii. The solid waste facility complies with the solid and hazardous waste rule
				at 7:7-16.14.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 15 - USE RULES › Section 7:7-15.10 - Commercial facility

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Standards relevant to hotels and motels are as follows:
1. Hotels and motels are commercial
				establishments, known to the public as hotels, motor-hotels, motels, or tourist
				courts, primarily engaged in providing lodging, or lodging and meals, for the
				general public. Also included are hotels and motels operated by membership
				organizations, whether open to the general public or not.
2. New, expanded, or improved hotels and
				motels are conditionally acceptable provided that the development complies with
				all location and resource rules and with the rule for high-rise structures and
				is compatible in scale, site design, and architecture with surrounding
				development.
3. Hotels, motels or
				restaurants may be water oriented if they take full advantage of a waterfront
				location.
4. In special urban
				areas, new hotel, motel, or restaurant development is acceptable in the filled
				water's edge and over large rivers on structurally sound pilings, provided it
				is consistent with rules on filled water's edge (7:7-9.23 ) and special urban areas
				(7:7-9.41 ), and the existing total
				area of water coverage is not expanded except where it can be demonstrated that
				extensions are functionally necessary for water dependent uses.
5. All new hotel or motel development, as
				well as the expanded portion of an existing hotel or motel, located on a
				non-oceanfront site with existing or proposed shore protection structures,
				shall be set back at least 15 feet landward from the existing or proposed shore
				protection structures. Decks attached to the proposed new or expanded existing
				hotel or motel are not subject to this setback requirement. If there is no
				alternative to locating the proposed development at least 15 feet landward of
				the shore protection structure, the Department shall reduce the required
				setback if an engineering certification is submitted demonstrating that, after
				the proposed development has been constructed, the shore protection structure
				can be replaced within 18 inches of the location of the existing or proposed
				shore protection structure and a conservation restriction that complies with
				N.J.A.C. 7:7-18 is recorded for the property which states that any
				reconstruction of a shore protection structure shall be within 18 inches of the
				existing shore protection structure.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 15 - USE RULES › Section 7:7-15.13 - National defense facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				A national defense facility is any building, group of buildings, marine
				terminal, or land area owned or operated by a defense agency (Army, Navy, Air
				Force, Marines, Coast Guard) and used for training, research, material support,
				or any other defense related use.
(b) National defense facilities are
				conditionally acceptable provided the development meets either (b)1 or 2 below:
1. The proposed facility is consistent with
				all relevant sections of this chapter; or
2. The proposed facility is coastally
				dependent, will be constructed and operated with maximum possible consistency
				with this chapter, and will result in minimal feasible degradation of the
				natural environment.