N.J. Admin. Code § 7:7-9.41
Current through Register Vol. 56, No. 21, November 4, 2024
Section 7:7-9.41 - Special urban areas(a) Special urban areas are those municipalities defined in urban aid legislation ( 52:27D-178) qualified to receive State aid to enable them to maintain and upgrade municipal services and offset local property taxes. Under 52:27D-178 et seq., the Department of Community Affairs (DCA) establishes a list of qualifying municipalities each fiscal year. DCA's list of qualifying municipalities may be obtained on request from the Department's Division of Land Use Regulation at the address set forth at 7:7-1.6.(b) Development that will help to restore the economic and social viability of special urban areas is encouraged. Development that would adversely affect the economic well being of these areas is discouraged, when an alternative which is more beneficial to the special urban areas is feasible. Development that would be of economic and social benefit and that serves the needs of local residents and neighborhoods is encouraged.(c) Housing, hotels, motels, and mixed use development, which is consistent with the lands and waters subject to public trust rights rule, 7:7-9.48, the public access rule, 7:7-16.9, and the Hudson River waterfront area rule, 7:7-9.46, where applicable, are acceptable only over large rivers where water dependent uses are demonstrated to be infeasible. These uses are conditionally acceptable on structurally sound existing pilings, or where at least one of the following criteria is met: 1. Where piers have been removed as part of the harbor clean up program, the equivalent pier area may be replaced in either the same or other nearby location; 2. Where structurally sound existing pilings have been reconfigured, provided that the total area of water coverage is not increased and that fisheries resources are not adversely impacted; or3. Where expansion of the existing total area water coverage has occurred, provided that it can be shown that extensions are functionally necessary for water dependent uses. For example, additional piers and pilings would be conditionally acceptable for a marina which is a water dependent use.(d) Housing, hotels, motels, and mixed use development are acceptable in filled water's edge areas, provided that development is consistent with the filled water's edge rule at 7:7-9.23 and public access is 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.(e) Rationale: This rule helps link New Jersey's Coastal Management Program with other State efforts to focus on and restore New Jersey's urban areas. The rule would be applied to State actions on major proposals, such as shopping centers, outside urban areas which could drain resources from nearby urban areas, as well as to projects both in and out of urban areas which could help stimulate social and economic activity in urban areas. The filled water's edge rule which reserves the waterfront for water dependent uses should not be strictly applied in special urban areas in all cases. Housing, hotels, motels, and other commercial developments, which benefit from a waterfront location and stimulate the revitalization of a special urban area, would be consistent with State coastal objectives, and urban policy. This would also be true for such development over water areas. However, new development over water areas must be limited to Large Rivers (the Delaware, Hudson, and Raritan) where the existing development density is high and where danger from storm surge is minimal, must not increase the total water area covered by piers or pilings to prevent the extension of non-water dependent uses into previously undeveloped water areas and must not unreasonably restrict public access between the development and the waterbody. In addition, development on piers must not be detrimental to fishery resources. Public access must be allowed since the water area over which the structure is to be built is an area impressed with the public trust doctrine. To forbid access along the water's edge on decks built in conjunction with the development would be an unreasonable restraint on public access. However, it would not be unreasonable to limit night access by the general public in residential areas over the water.
N.J. Admin. Code § 7:7-9.41
Renumbered from 7:7E-3.43 by 47 N.J.R. 1392(a), effective 7/6/2015