New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 15 - USE RULES › Section 7:7-15.9 - Port

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Port uses are
				concentrations of shoreside marine terminals and transfer facilities for the
				movement of waterborne cargo (including fluids), and including facilities for
				loading, unloading and temporary storage.
(b) Port-related development and marine
				commerce is encouraged in and adjacent to established port areas.
				Water-dependent development shall not be preempted by non-water dependent
				development in these areas.
(c) New
				port uses outside of existing ports as defined at
				7:7-9.11(a)  are
				acceptable only when there is a clear demonstration of need, and when suitable
				land and water area is not available in or adjacent to an existing
				port.
(d) New or expanded ports
				must be compatible with surrounding land uses and provide for maximum open
				space and physical and visual access to the waterfront, provided that this
				access does not interfere with port operations or endanger public health and
				safety. New or expanded ports must also not interfere with national, State,
				county or municipal parks, recreational areas, or wildlife refuges.
(e) New, expanded or redeveloped port
				facilities must have direct access to navigation channels of sufficient depth
				for anticipated vessel access, with minimal dredge and fill requirements,
				adequate access to road, rail transportation, and adjacent land with sufficient
				load bearing capacity for structures.
(f) Limited water-dependent, port-related
				activity, such as commercial fishing, support facilities and emergency oil
				spill cleanup storage, is acceptable at the small commercial harbors in the
				coastal zone.
(g) Rationale: New
				Jersey's port areas are a regional, national and international resource. The
				existing ports, located largely in the Delaware and Northern Waterfront Areas,
				contain unused and under used areas which can be refurbished to meet increase
				in demand. The State must nevertheless allow for possible unanticipated future
				needs for port area.
As in the past, port activities will continue to be a vital
				  part of the economy of New Jersey. However, changes in shipping technology have
				  caused once thriving ports, such as Jersey City and Hoboken to become the scene
				  of dilapidated docks and piers and acres of vacant land.
The port policies recognize the changing ship technology and
				  will encourage new or expanded needed modern facilities in areas where port
				  facilities would be compatible with existing uses. The policies recognize
				  modern facilities require large expanses of land to accommodate specialized
				  equipment and host a full array of services. However, the policies seek to
				  avoid construction of a modern facility which meets the needs of today but
				  could become obsolete tomorrow. For this season, facilities are encouraged not
				  to over-specialize. At the time, the policies recognize the need to have large
				  bulk cargo facilities to avoid construction of numerous small port
				  facilities.
Recognizing the value of the water as a public resource and
				  the need for environmental controls, the rules require facilities to be
				  designed with provision for minimum environmental degradation. The policies
				  endorse the concept of multimodalism and encourage port facilities to make use
				  of existing infrastructure. In addition, the policies encourage an integrated
				  port system which uses container ships, where ship channels are deep enough to
				  accommodate these vessels, but provides for use of smaller barges to move goods
				  to inland waterways or along shallower channels.
Recognizing the value of the waterfront to the public, the
				  rules require port facilities to provide for the maximum public visual and
				  physical access to the waterfront consistent with safety and security concerns.
				  The policies accommodate port usage of the waterfront, where needed and
				  appropriate, while encouraging redevelopment and other uses which would be in
				  the best interest of the public.