N.J. Admin. Code § 7:2-13.5

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:2-13.5 - Berth reassignment

(a) The reassignment of berths within a State marina shall be made in accordance with the following procedures:

1. Reassignment shall be made only by the Superintendent or designee.

2. In the event of the death of the permittee of record, the berth which is the subject of the permit, may be assigned by the Superintendent or designee to the spouse of the deceased permittee of record.

3. A permittee of record shall be allowed to assign the rights granted under the permit subject to the following conditions:

i. The permittee of record shall submit a written request for subletting to the Superintendent or designee;

ii. The sublease shall be limited to a period not to exceed the annual or summer berthing season for which the assigned permit was issued;

iii. The sublease shall be administered solely by the Superintendent or designee of the marina containing the affected berth;

iv. A sublessee shall be obtained by the Superintendent or designee from the application list for the berth category involved, beginning at the top of the list and continuing numerically, until the berth is reassigned;

v. The permittee of record shall be liable for all fees to the end of the month in which berth sublease is finalized;

vi. A cancellation fee as provided in 7:2-17.4(d)2 shall be assessed to the permittee of record;

vii. No berth sublease shall be considered unless payment, for the affected period, in full has been provided by the permittee of record;

viii. A berth shall not be sublet if the permittee of record is in his first year of occupancy;

ix. Berth sublease requests for an annual or summer berth permit shall not be honored if received after June 30th;

x. Berth sublease requests for a winter berth permit shall not be honored;

xi. A permittee of record may sublet a berth only one time during the term of his or her permit; and

xii. A sublessee may not further sublet his or her berth.

N.J. Admin. Code § 7:2-13.5

Amended by R.2007 d.155, effective 5/7/2007.
See: 38 N.J.R. 4779(a), 39 N.J.R. 1701(a).
Substituted "Superintendent or designee" for "Officer-in-Charge" throughout; in (a)3i, substituted "subletting" for "assignment"; in (a)3ii, substituted "sublease" for "assignment", inserted "or" and deleted "or winter" following "summer"; in (a)3iii, substituted "sublease" for "assignment"; in (a)3iv, substituted "A sublessee" for "Assignments"; in (a)3v, (a)3vii, (a)3ix and (a)3x, substituted "sublease" for "reassignment"; in (a)3viii, substituted "sublet" for "reassigned"; in (a)3ix, deleted "and" from the end; in (a)3x, substituted a semicolon for the period at the end; and added (a)3xi and (a)3xii.